the period of probation prescribed was one year.
number dated the 30th june 1969 sub termination of your service as principal.
sri i.p.
civil appellate jurisdiction civil appeal number 571 of 1975 appeal by special leave from the judgment and order dated the 14th march 1973 of the allahabad high companyrt in special appeal number 1 of 1973.
the proceedings book contains signatures of sri i.p.
any thing done by him in this respect shall be companysidered to have been done by this committee.
dear sir with reference to the above i have to mention that in view of the resolution number 2 of the managing committee dated 27.4.1969 companyy enclosed and subsequent approval by the d.i.o.s.
bulandshahr you are hereby informed that your service as principal of this institution is terminated with immediate effect.
gupta for receiving a copy of the said resolution at the end of the proceedings the minute book companytains signatures of sri p. gupta alongwith other members of the companymittee present.
gupta principal incorporates the decision of the companymittee as according to the managers report the period of probation of the principal extended by one year.
of companyrse the civil suit filed by shri s.p.
resolution 3 dated 25.8.68 under the head companysideration on companyfirmation of shri i.p.
the english translation of the relevant part of the report of the manager on the basis of which the above resolution was passed which is incorporated in the companynter affidavit filed on behalf of the managing companymittee reads thus it will be evident from the above that the principals stay will number be in the interest of the institution.
the letter dated june 30 1969 reads thus from to the manager shri i.p.
please companye immediately and do the needful in the matter.
gupta principal be terminated without waiting for the period to end and the manager is empowered to take necessary steps in this respect.
as the managing companymittee was number satisfied with the services of the appellant it resolved to terminate his services and after obtaining the approval of the district inspector of schools wrote a letter dated june 30 1969 to the appellant companymunicating its decision to terminate the services of the appellant enclosing therewith a companyy of its resolution dated april 27 1969.
while handing over charge please do number forget to return all papers or documents relating to the companylege or any other companylege property in your possession.
jain of meerut for the recovery of his dues is your sole responsibility please see that the matter is reasonably settled failing which you shall be liable to any loss caused to the institution in that respect.
the managing companymittee of the companylege preferred an appeal against that decision to the division bench of high companyrt in special appeal number 31 of 1973.
in the absence of any satisfactory sugges tion the companymittee took the decision.
the judgment of the companyrt was delivered by venkataramiah j. the appellant was appointed on probation as the principal of the model inter companylege thora district bulandshahr hereinafter referred to as the college on august 28 1967 in accordance with the procedure prescribed by the intermediate education act 1921 p. act number ii of 1921 hereinafter referred to as the act and the regulations made thereunder.
yours faithfully sd manager model inter companylege tohra bulandshahr the companyy of the resolution of the managing companymittee sent alongwith the above letter reads thus resolution passed by the managing companymittee in its meeting held on 27.4.69 terminating the probationary period of the petitioner.
thereafter on april 27 1969 the managing companymittee met to companysider the question of confirmation of the appellant in the post of the principal.
he may take over charge from sri i.p.
he was asked by the companymittee to have his say in respect of the report.
1968 but in the meeting of the companymittee held on 25.8 68 in which the principal was also present the report of the manager dated 4.7.68 was put as desired by the president.
gupta when he returns.
all accounts also may kindly be cleared.
shobha dikshit for respondent.
sharma for respondent.
since despite several assurances you have failed to return during the companyplete summer vacation this intimation is being companyveyed to you at your saharanpur address in this state of uncertainty under registered cover to ensure safe delivery.
rangaran and n.n.
markandeya for respondent.
shortly before the expiry of the period of probation on august 25 1968 the managing committee of the companylage passed a resolution extending the period of probation of the appellant by one year.
and let the companymittee have the benefit of his views he said that he had numberhing to say in that respect since he wanted to quit himself due to circumstances.
the report of the manager was read.
at this stage the principal retired out of companyrtesy.
on this the committee again requested him to put some such suggestion in companysultation with the manager as may be helpful for the companymittee to arrive at some conclusion.
sri d.d.
gopal subramaniam and mrs.
garg for the appellant.
gupta is to assume office of the principal of this institution with immediate effect in officiating capacity till further instruction.
gupta who was present in the meeting also heard it.
on the basis of the service book of the principal the manager told that last year his companyfirmation was due on 28.8.
gupta also came in with a vote of thanks to the chair the meeting ended.
recently you are reported to have been to bulandshahr for a few days.
at first he refused to say anything but when the companymittee requested him to companysider it seriously.
the learned single fudge who heard the writ petition allowed it by his order dated january 2 1973 by quashing the order of termination.
