9911796707
TMI Blog1979 (1) TMI 247X X X X Extracts X X X X X X X X Extracts X X X X ..... n suspending the appellant. On January 18, 1952 a chargesheet was served upon the appellant and on the very next day she filed a suit in the court of the Munsif, challenging her suspension as void and inoperative In May 1957 the High Court of Allahabad withdrew that suit for trial to itself and thereupon the suit was numbered as 2 of 1957. By a judgment dated April 2, 1958 a learned single Judge of the High Court decreed the suit, holding that the Committee which passed the resolution of suspension was not properly constituted and therefore it had no jurisdiction to suspend the appellant. Both the parties filed appeals against that judgment a but those appeals were dismissed by a Division Bench of the High Court on April 17, 1962. 2. On ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order of reinstatement. The High Court upheld the money decree passed by the trial court but it did so on the ground that the amount awarded by the trial court to the appellant by way of arrears of salary could justifiably be granted to hereby way of damages. The High Court has granted to the appellant a certificate to appeal to this Court under Article 133(1)(a) and (b) of the Constitution. 4. We are unable to accept the contention strenuously advanced before us by the appellant's learned counsel that respondent 1 is a public body or a statutory authority and therefore the appellant would be entitled to obtain a declaration that she continued to be in the service of respondent 1 since the order terminating her services has been foun ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... neglect of duty, serious misconduct and the commission of an act which constitutes a criminal offence. It may be assumed for the purpose of argument that the resolution dated May 24, 1958 which was passed by the Executive Committee of respondent 1 terminating the services of the appellant is unlawful for want of three calender months' notice as provided in Clause 10 of the agreement. By the second paragraph of Clause 10, which it is unnecessary to extract fully, it is provided that before giving a notice of termination to the Principal, the Society should consult the Inspectress of Schools, should give full reasons for discharging the Principal and that the notice of termination should only be valid if the Inspectress approves of it ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om 1952 till 1958, but her claim was within limitation only to for a period of three years' before the institution of the suit. The claim from 1952 to 1955 was obviously barred by limitation and could not be allowed in her favour. 7. The High Court has treated the claim for three years' arrears of salary as being payable to the appellant on account of damages. But that is not a right approach to the problem. The appellant is entitled to three years' arrears of salary for the period of suspension since the order of suspension was without jurisdiction and until May 1958 no order of termination of her service was passed by the Society. In addition to the arrears of three years' is salary, the appellant would be entitled to t ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
