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1974 Supreme(MP) 74

P.K.TARE, SHIV DAYAL, M.L.MALIK
JAI PRAKASH MUDLIAR – Appellant
Versus
A C CHOUBEY PRESIDENT GOVERNING BODY PT JAWAHARLAL NEHRU SCIENCE AND ARTS COLLEGE BEMETARA – Respondent


Advocates Appeared:
R.K.Pandey, Y.S.Dharmadhikari,

JUDGMENT :

( 1. ) IN this petition under Articles 226 and 227 of the Constitution of India, the petitioner, a former Principal of the Pt. Jawaharlal Nehru Science and Arts College, Bemetara, challenges the resolutions of the Governing Body, dated 28-10-1971 (Petitioners Annexures -L and N) terminating his services with effect from 21-8-1971. At this stage it may be relevant to reproduce the exact wording of the resolution, which is as follows:-

"case of Shri Mudliar -The report of the Committee constituted on 7-10-1971 was circulated amongst the members present. Report perused. Shri Mudliar has left us with no option (except) to dispense with his services from 21-8-71, though he was afforded every possible opportunity to defend himself. It is, therefore, unanimously resolved to dispense with his services with effect from 21st August, 1971. A copy of the resolution be sent to the University for approval and to Shri J. G. Mudliar. Necessary Steps be taken for recruitment of the Principal after receiving permission from the University with respect to the termination of Shri Mudliar. "

( 2. ) THE facts leading to the filing of the present writ petition lie within a narrow compass: They ar

































































































































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