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2010 Supreme(P&H) 2023

M.M.KUMAR, A.N.JINDAL
Dav College Trust And Management Society – Appellant
Versus
State Of Punjab – Respondent


Judgment

M.M.Kumar, J.

1. The DAV College Trust and Management Society filed the instant appeal under Clause X of the Letters Patent challenging the judgment dated 17.05.2010 passed by the learned Single Judge in C.W.P. No. 9028 of 2010. The appellant had remained unsuccessful before the Educational Tribunal where appellant has challenged the order dated 26.11.2008 passed by the Director of Public Instruction whereby the request of appellant for according approval to proposed penalty of removal of Mrs. Madhu Sharma-respondent No. 4 was declined. It is appropriate to mention that some charges were levelled against respondent No. 4 who waking as Principal, D.A.V. Girls Senior Secondary School, Ferozepur Cantt. After holding enquiry against the respondent No. 4, the appellant approached the Director of Public Instruction for grant of approval to remove her from service under Section 4(1) of the Punjab Privately Managed Recognised Schools Employees (Security of Service) Act, 1979 (for brevity the Act) read with Rule 18(3) of the Punjab Privately Managed Recognised Schools Employees (Security of Service) Rules, 1981 framed thereunder. According to the aforesaid Section, approval of the D






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