( 1 ) THIS petition under Art. 226 of the Constitution of India is directed against the judgment and order Gujarat Secondary Education the order passed by the Secondary Education Tribunal confirming the order passed by the District Education Officer, Kheda. Tribunal in Appeal No. 18 of 1979 whereby the Tribunal refused to grant approval to the action of the petitioner-Management to dismiss the respondent No. 1 from service. The said judgment and order is dated 28-2-1980 and produced at annexure "f" to the petition. the D. E. O.- respondent No. 1 herein vide his order, dated 4/10/1979 refused to grant permission to the proposed action of dismissal of respondent No. 1 from service in exercise of his power under Sec. 36 (1) (b ). The said order of the Dist. Education Officer is confirmed by the Tribunal and being aggrieved by the said order the school management has filed the present petition.

( 2 ) BEFORE I deal with the legal submissions made by Mr. S. N. Shelat, learned Advocate for petitioner, short facts giving raise to the present petition are stated hereinbelow : (i) The respondent No. 1 was appointed as Asstt. Teacher in Sardar patel Vinay Mandir, Vasad with effect fro