Judgment

DALVEER BHANDARI, J.-

1.This appeal is directed against the judgment and order dated 10-4-2003 passed by the High Court of Judicature at Allahabad in Civil Writ Petition No. 15255 of 2003.

2. Respondent 3, Smt Santosh Upadhyaya was working as an Assistant Teacher in Kanya Junior High School, Bal Vidya Mandir, Etah. A letter dated 8-9-2001 in the form of a show-cause notice was sent to Respondent 3 by the Principal of the School directing her to stop her acts of indiscipline. The letter dated 8-9-2001 reads as under:

"(Minority Institution) Girls Junior High School, Bal Vidya Mandir, Etah (Permanently Recognised from Government for the Classes from Nursery to VIIIth)

From: Principal To:

Smt Santosh Upadhyaya, Asstt. Teacher, Girls Junior High School, Bal Vidya Mandir, Etah

Dated: 8-9-2001

Subject: Regarding indiscipline, etc.

Madam, You are not complying with the following instructions despite a number of oral as well as written orders:

1. Refusal to sign on the order register and on other information, etc.

2. Laxity in teaching work.

3. Non-performing the duties of your charge.

4. Use of indecent language and shouting for giving reply.

5. Using caste-related words to spoil the atmosphere.

6. Instigating other teachers and provoking them to neglect their duties.

7. Non-cooperation in the development of the School and increasing the number of students.

8. Threats to me (Principal) of dire consequences, in my office and also giving threats on my residential telephone through other unsocial elements.

I hereby give you this last warning to improve your attitude and work as a model teacher. Please note that earlier also your services had been terminated because of such type of your attitude and you had been a reinstated in the service after your apologising and you had assured that you will never repeat such mistakes and indiscipline in future.

Therefore, being the Principal of the School, I advise you to stop these acts of indiscipline and work as a model teacher.

Copy forwarded action: .

1. Manager, Girls Junior High School, Bal Vidya Mandir, Etah.

2. District Basic Education Officer, Etah.

Yours faithfully

, sd/-

(Smt Kusum Sharma)

Principal

Girls Junior High School, Bal Vidya Mandir, Etah. Copy to the following for information and necessary

1.Manager, girls Junior high school, bal vidya Mandir etah.

2.District basic Education Officer Etah.

sd/

(Smt Kusum Sharma)

Principal Girls Junior High School, Bal Vidya Mandir, Etah

," 3. The appellant did not receive any satisfactory reply from Respondent 3 and on 24-9-2001 a suspension order was passed. The suspension order dated 24-9-2001 reads as under:

"Girls Junior High School, Bal Vidya Mandir, Etah

(Permanently Recognised from Government for the Classes from Nursery to VIIIth)

From: Manager To:

Smt Santosh Upadhyaya, Asstt. Teacher,

Girls Junior High School, Bal Vidya Mandir, Etah

ORDER

Consequent upon not receiving a satisfactory reply for the following charges, Smt Santosh Upadhyaya, Assistant Teacher, Girls Junior High School, Bal Vidya Mandir, Etah is placed under suspension with immediate effect. The charge-sheet will be issued after the detailed enquiry, within two weeks' period.

1. Refusal to sign on the order register and on other information,

2. Laxity in teaching work.

3. Non-performing the duties of your charge.

4. Use of indecent language and shouting for giving reply.

5. Using caste-related words to spoil the atmosphere.

6. Instigating other teachers and provoking them to neglect their duties.

7. Non-cooperation in the development of the School and increasing the number of students.

8. Threats to the Principal of dire consequences and also giving threats on her residential telephone through other unsocial elements.

During the period of suspension, you will be entitled to get subsistence allowance according to Rule 53 of Financial Handbook, Part 2 (Parts 2 to 4). During the period of suspension, you will remain attached with S.K.S. Girls Junior High School, Etah.

sd/

(Dev Rishi Jain) Girls Junior High School