JUDGMENT

B.R.Sarangi, J. - The Managing Committee of Delhi Public School, Damanjodi, Koraput, represented through its Principal-cum- Secretary, has filed this writ petition seeking to quash the judgment dated 16.04.2010 passed by the Director, Secondary Education Orissa in Appeal No. 9 of 2008, which was communicated to the opposite party no.1 vide memo dated 21.04.2010 in Annexure-9, whereby termination of opposite party no.1 has been held to be not valid and direction has been issued to the petitioner to take opposite party no.1 back into service, while granting liberty to the petitioner to proceed against opposite party no.1 as per rules.

2. The factual matrix of the case, in hand, is that the Delhi Public School is a private institution, registered under the Societies Registration Act, 1860 and imparting education to the students having been established in different parts of the Country.

2.1 The petitioner appointed opposite party no.1 as Yoga/PET teacher pursuant to order dated 30.06.2001. Accordingly, she joined in the School on the very same day. The appointment of opposite party no.1 was subject to condition that her service can be terminated at any time by the School without any prior notice. Under the terms and conditions governing the appointment, it was clearly stipulated that opposite party no.1 can be terminated from service by notice of three months or notice pay in lieu thereof. Further, after completion of probation period, the service of opposite party no.1 was confirmed, but she resorted to gross indiscipline and insubordination and did not care to follow the rules and regulations of the School. More particularly, she avoided invigilation duty, refused to remain present for preparation of Annual Sports Day, remained unauthorizedly absent from 26.06.2004 and failed to submit any reply to show cause notice dated 16.09.2005 and left the station unauthorisedly on 19.09.2005. She did not respond to telegrams and letters issued, she refused to escort NCC cadets to Puri vide letter dated 21.10.2003 and also to occupy the allotted quarters in her favour, etc. In spite of repeated notice being given to her to attend the school, she did not turn up. Consequentially, her service was terminated in the interest of the institution vide order dated 16.11.2005.

2.2 On 12.12.2002, opposite party no.1 intimated the School that she had filed an appeal before the Director of Secondary Education, Orissa, Bhubaneswar against such termination of service, though such letter had never been communicated to the petitioner and more so the appeal so alleged to have been filed in 2005 had never been transmitted to the petitioner from the Directorate and the copy of the appeal memo transmitted did not indicate any number of the appeal. The opposite party no.1 in 2007 again handed over the copy of the appeal memo, which was said to have been filed before the Regional Joint Director, Secondary Education, Orissa, Berhampur, in the School by hand, which also did not contain the appeal number. But from the office of Regional Joint Director, Berhampur, intimation was received by the petitioner on 21.10.2008, which showed that the Appeal Case No. 99 of 2007, which was filed by opposite party no.1, was pending.

2.3 When the matter was stood thus, the opposite party no.1 filed W.P.(C) No. 5710 of 2006, but the same was never taken up till 25.02.2008. However, the said writ petition was disposed of vide order dated 25.02.2008 permitting the opposite party no.1 to withdraw the writ petition to enable her to file appeal before the Director, Secondary Education within a period of two weeks with the direction that if such appeal is filed within the time specified, the same shall be considered in its own merit without being turn down on the ground of limitation and such appeal be disposed of within a period of two months from the date of its filing. In the said writ petition, no communication was made to the petitioner and the order dated 25.02.2008 was pas