The Managing Committee of a recognized private school has control over disciplinary action and appointments, and decisions regarding disciplinary proceedings and payment of allowances must be justifiable and in line with the purpose of relevant provisions.

JUDGMENT

A.K.Chawla, J. - By the instant writ petition, the petitioner - hereinafter to be referred as ''Mathews'', in effect, seeks issuance of a Writ of Mandamus for being released the entire amounts towards salary for the period he remained under suspension w.e.f 21.03.2011 till the date of his superannuation on 31.12.2016 for the post of TGT-Music with the respondent No.1 - Bluebells School International, in short '' the school''. Though, in the petition, Mathews has also vaguely averred for entire retiral benefits remaining payable to him by the school, no specific claim therefor is either stated in the writ petition nor pointed out during the course of hearing. Any reference thereto is therefore, not called for.

2. Relevant to the subject, the facts emerging from the record are that Mathews was initially appointed by the school as a primary teacher-Music on ad hoc basis in the year 1993. He was given regular appointment w.e.f. 01.10.1994. In the year 1995, he was promoted as TGT-Music to impart teaching to the students in Music - a part of the Cultural Department or the activities of the school. On 21.03.2011, he was put under suspension. He was served with a charge sheet in May, 2011 and a departmental inquiry ensued, which concluded with the submission of the inquiry report dated 05.11.2015 by the Inquiry Officer Sh.V.M.Dutta. It also transpires that from the date of suspension till the date of conclusion of the inquiry on 05.11.2015, Mathews had approached this Court a few times by way of diverse writ petitions. First of such actions by him was by way of W.P.(C) No.6588/2011 ''Rajesh Mathews vs. Bluebells School (International) & Anr.'' The said writ petition was dismissed as not pressed on 07.10.2013 in view of the fact that the school was not a minority school. Then, by way of W.P.(C) No.8672/2011 ''Rajesh Mathews vs. Director of Education & Ors.'', Mathews sought change of the Inquiry Officer Sh.R.V.Saxena on the ground of bias. It was disposed of by the Court on 13.12.2011, when the school came forward to decide the representation dated 24.11.2011 made by Mathews relating to the change of Inquiry Officer and to not to proceed with the inquiry till the disposal thereof. It appears, thereafter, the Departmental Committee of the school without adverting to the merits of the allegations made for change of Inquiry Officer, appointed another Inquiry Officer Sh.V.M.Dutta. During the course of such proceedings, Mathews sought to substitute his Defence Assistant. Initially, he had appointed one Ms.Sushmita Mitra as his Defence Assistant. Later, he sought to appoint his wife Ms.Rita Mathews as his Defence Assistant, which the Inquiry Officer declined on the premise that Ms.Rita Mathews was neither an employee of the school nor had retired from the School. It resulted into fling of another W.P.(C) 632/2012 ''Rajesh Mathews vs. Director of Education & Ors.''. It appears, during the pendency of this writ petition, Mathews filed Cont. Case (C) No. 403/2012 ''Rajesh Mathews vs. V.M.Dutta'', when this petition was treated to be an application under Section 151 CPC and a direction issued to the Inquiry Officer to not to proceed with the inquiry. On 07.10.2013, W.P.(C) 632/2012 came to be allowed by the ld. Single Judge. The school feeling aggrieved thereof, preferred LPA 856/2013 ''Managing Committee & Ors. vs. Rajesh Mathews & Ors.''. It was dismissed by the Division Bench on 18.11.2013 with the observations and the reservations provided thereunder. Thereafter, at some stage, the Departmental Committee amended the statement of imputation of Articles of Charges. On this, Mathews again approached the Court by way of W.P.(C) 5863/2015 Rajesh Mathews v. Managing Committee, Bluebells International School. It was dismissed as withdrawn on 29.05.2015, with the liberty reserved to Mathews to extend challenge on merits in accordance with law at an appropriate stage. On the conclusion of the departmental inquiry, the Inquiry Officer submitt