The Managing Committee of a school has the authority to suspend a Headmistress who is insubordinate and refuses to carry out the directives of the Committee.

This writ petition was made by Miss. Sanaka Das challenging the resolution dated 20th December, 1991 perported to be passed by the Managing Committee of Sir Ramesh Mitra Girls School. In a meeting held on 20th December, 1991, it was, inter alia, resolved, that suitable disciplinary action against the Headmistress is to be taken immediately. It was also resolved by the Managing Committee that the Headmistress, Miss Sanaka Das, is suspended from her services with immediate effect. Miss Sanaka Das shall be paid subsistence allowances as admissible under the Rule.

2. The case of the petitioner is that the said resolution passed in the meeting of the Managing Committee held on 20th December, 1991 had been served upon the petitioner on 21st December, 1991. The writ petition was thereafter moved by Sanaka Das on 25th December, 1991 and on the said petition being moved an interim order was passed by this Court on 25th December, 1991 in terms of prayers (g) and (h) of the writ petition. By the said interim order a stay of the decision to place the petitioner under suspension from her service was granted and the respondents were restrained from interfering with the functioning of the petitioner as Headmistress of the said school.

3. Some of the facts relating to this case are as follows. A notice was issued by the Secretary of the said school dated 11th December, 1991 stating that a meeting of the Managing Committee of the said school will be held on 20th December, 1991 at 6.30 P. M. in the school premises. The agenda No. 3 of the said notice was to consider the various reports of the sub-committee formed in the last meeting and agenda No.5 was to consider the letter dated 12th November. 1991 and of other dates of the Headmistress addressed to the Secretary and the office orders dated 5th December, 1991 and 4th December, 1991 of the Secretary to the Headmistress and to take necessary steps to remove the deadlock condition of the school owing to the non-compliance of various decisions taken in the resolution of the Managing Committee dated 5th October, 1991.

4. Prior to that a meeting of the Managing Committee was held on 5th October, 1991. A copy of the minutes of the said meeting is annexed to the Affidavit-in-Opposition affirmed by Parimal Kumar Chowdhury on 31st January, 1992. While dealing with the Agenda No.3, the Managing Committee after considering various letters of the Secretary to the Headmistress was of the opinion that the Headmistress is deliberately avoiding the fixing up of the Audit Programme for the years 1988-89 and 1989-90 on the false allegations that the Secretary has taken away all the books and accounts. It was also resolved that the Headmistress is directed to fix up the Audit Programme immediately after the puja vacation with intimation to the Secretary. Regarding the change of signatory of Account No. 2027 in United Bank of India as per resolution dated 28th July, 1990 by the letters dated 5th November 1990, 13th November, 1990, 19th November, 1990 and 26th September, 1991, the Secretary requested the Headmistress to do the needful. The Managing Committee found that the Headmistress was deliberately ignoring to comply with the resolution dated 28th July, 1990 of the managing committee. It was also resolved that the Headmistress is directed to do the needful so as to change the signatories of the Account No. 2027 on or before 11th October, 1991. It was further resolved that the Headmistress if directed to call the meeting of the Finance Sub-Committee on 16th November, 1991 to discuss the financial position of the school. It was also resolved that the Managing Committee had the opinion that the Headmistress was ignoring to act according to the directives of the Managing Committee in respect of filling up of the vacant posts in the school and the Headmistress was directed to do the needful to fill up the vacant posts as early as possible. The minutes of the said meeting clearly demonstrate that the Headmis