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2017 Supreme(All) 932

ASHWANI KUMAR MISHRA
RENU SINGH – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Madhumita Bose for the Petitioner; C.S.C. and Vindhyawashini Kumar for the Respondents.

JUDGMENT

Hon’ble Ashwani Kumar Mishra, J.—This petition seeks quashing of an order dated 18.3.2017 terminating petitioner’s services. Approval granted to it by the District Basic Education Officer on 3.3.2017 is also assailed. The order of termination refers to communication dated 4.2.2017, sent by the Administrator/Authorized Controller to the District Basic Education Officer, holding that petitioner’s continuance as Assistant Teacher in institution is not legal and proper and thus seeking approval for termination. This communication is accompanied by an order of the Authorized Controller running into ten pages, which contains elaborate discussion on the charges levelled against the petitioner, defence setup by her and also the conclusions drawn. This communication alongwith its enclosures has been brought on record by way of a supplementary-affidavit. The order records primarily following reasons for petitioner’s termination i.e. (i) there existed 8 sanctioned posts of Assistant Teacher in 1997 when the institution was taken on aid, and all of which were already filled, and therefore, in the absence of vacant post, the petitioner could not have been appointed; (ii) petitioner lack





























































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