SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1999 Supreme(All) 1428

M. KATJU, N. K. MITRA
COMMITTEE OF MANAGEMENT, A. B. VIDYALAY INTER COLLEGE, KANPUR – Appellant
Versus
RAJ KUMAR SHUKLA AND OTHERS – Respondent


Advocates Appeared:
ASHOK BHUSHAN, P.N.Saxena

N. K. MITRA, C. J. AND M. KATJU, J.

( 1 ) HEARD learned counsel for the parties.

( 2 ) IN the writ petition, the writ petitioner (respondent in this appeal) challenged his termination of service on the ground that no prior approval of the respondent No. 2 was taken and as such the termination order was bad in law.

( 3 ) THE learned single Judge allowed the writ petition relying on the Full Bench decision of this court in the case of Smt. J. K. Kalra v. R. I. C. S. . 1996 (3) UPLBEC 169, The writ petitioner was a lecturer in a minority institution and the learned single Judge, relying on the aforesaid Full bench decision, held that before terminating his service, approval of the authority concerned had to be obtained. In J. K. Kalras case (supra), the Full Bench held that it was incumbent upon the management of a minority institution to obtain the approval from the concerned District inspector of Schools before terminating the service of a teacher, and in the absence of the same, the order of termination will be illegal.

( 4 ) LEARNED counsel for appellant has referred to the latest decision of the Supreme Court in yunus All Sha v. Mohamed Abdul Kalam and others. JT 1999 (3) SC 32,







Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top