JUDGMENT

A. Pasayat, J. - Man is a political animal, said Aristotle in Politics I. If that be so, is Rule 11(1) (f) of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions) Rules, 1974 (in short 'the Rules') prohibiting the employees from being members of the political or communal party intra vires, questions the petitioner. Additionally it is submitted, merely because she contested election as independent candidate can she be termed a member of the political or communal party, to warrant action by opp. party No. 1--Institution (Management of Choudwar College).

2. According to the petitioner, she was appointed as a lecturer in Education Department of the College in the year 1986. She was placed under suspension on 28-2-1990 on the allegation that by contesting the general election to the Orissa State Legislative Assembly from Athgarh Assembly Constituency, she committed a misconduct in terms of Rule 11(1)(f) of the Rules. A disciplinary proceeding was initiated asking her to show cause and subsequently she has been visited with an order of dismissal. The petitioner has alleged several acts of violation of p