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TMI Blog2009 (11) TMI 998X X X X Extracts X X X X X X X X Extracts X X X X ..... JUDGMENT Tarun Chatterjee, J. 1. Leave granted. 2. This appeal by special leave has been filed against the judgment and final order dated 17th of May, 2007 passed by the High Court of Punjab Haryana at Chandigarh in CWP No. 7460 of 2007. By the impugned judgment, the High Court had dismissed the writ petition filed by the appellant on the ground of maintainability and relegated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rminated by the Manager of the School, namely, the respondent No. 5 herein. Admittedly, in this case, no show-cause notice was issued to her nor the order of termination was passed by initiating any departmental proceeding after giving opportunity of hearing to the appellant. This order of termination was challenged by the appellant by way of a writ petition before the High Court, which was dismis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l justice; or where vires of the act were in question. 6. The aforesaid exceptions recognized by this Court were taken note of by this Court in the case of A.V. Venkateswaran, Collector of Customs, Bombay v. Ramchand Sobhraj Wadhwani and Anr. AIR 1961 SC 1506 in which the Constitution Bench laid down the principles of the above exceptions when writ application could be entertained even if an al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r in holding that in view of availability of alternative remedy to challenge the order of termination, the writ petition was not maintainable in law. 8. Apart from that, on a cursory look of the statutory provision of the Constitution of the Parishad Working Committees, it would be clear that before imposing any major penalty against an employee, namely, an order of termination of service, an i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ire, to initiate disciplinary proceedings against the appellant for her termination from service and if such disciplinary proceedings are initiated, the authorities shall give proper opportunity of hearing and permit the parties to adduce evidence in support of their respective stands and after giving such opportunity, the disciplinary authorities thereafter shall give hearing to the appellant and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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