H. v. Rajeshwari VS Deputy Inspector General of Police
2006-02-03
L.NARASIMHA REDDY
body2006
DigiLaw.ai
( 1 ) THE petitioner challenges orders, dated 04. 08. 1999 and 21. 09. 1999, passed by the respondent herein, through which the purported resignation of the petitioner was accepted. Direction for reinstatement of the petitioner into service and extension of consequential benefits, is also prayed for. ( 2 ) THE petitioner was selected and appointed as a Teacher in Mathematics in crpf School, Chandrayangutta, Hyderabad, in October 1996. Her services were regularized, on successful completion of probation, through order, dated 23. 12. 1998. According to the petitioner, she was victimized and ill-treated by one Mr. Mathew Joseph, ever since he assumed the charge as Additional D. G. P. and additional Manager of the School. It is alleged that he went on issuing memos, one after the other, on slightest of the pretexts. It is stated that a letter of resignation was forcibly extracted from her on 21. 06. 1999, and that she has immediately protested against the course of action, adopted by the concerned officials. She filed a petition before the District Legal Services Authority, ranga Reddy District. Placing reliance upon the recent Judgment of the supreme Court in State Bank of Patiala vs. Phoolapati, it is contended that the impugned proceedings cannot be sustained in law. In her affidavit, the petitioner has narrated several other facts, which cannot be treated as germane or relevant for the purpose of this Writ petition. ( 3 ) THE respondent filed a counter affidavit. A serious objection is taken to the maintainability of the Writ Petition, on the ground that the School was established by a Society, registered under the Provisions of the Societies registration Act. The allegation of the petitioner that she has been subjected to harassment and victimization was denied. It is stated that the letter of resignation submitted by the petitioner was accepted and that no exception can be taken to it. ( 4 ) THE petitioner presented the case by appearing in person. She pleads that she has been subjected to harassment, during the tenure of the then Principal and that the so-called letter of resignation was extracted from her forcibly. She submits that much before the Office Order, dated 04. 08. 1999, was issued to her, accepting the resignation with effect from 21. 09.
She pleads that she has been subjected to harassment, during the tenure of the then Principal and that the so-called letter of resignation was extracted from her forcibly. She submits that much before the Office Order, dated 04. 08. 1999, was issued to her, accepting the resignation with effect from 21. 09. 1999, she submitted representations, stating that the resignation was not voluntary and she was threatened and terrified, to sign on the resignation letter, which was already typed and kept in the Office. She contends that despite such representations, the respondent accepted the resignation. ( 5 ) SRI B. Narayana Reddy, the learned counsel for the respondent submits that the resignation of the petitioner was found to be voluntary and it was accepted, after due verification. He contends that the subsequent stand of the petitioner, resiling from the resignation, cannot be treated as valid, in law. ( 6 ) BEFORE undertaking discussion of the matter on merits, the objection raised by the respondent as to the maintainability of the Writ Petition needs to be dealt with. The petitioner was appointed as a Teacher in Mathematics in CRPF school, Chandrayanagutta, Hyderabad, through order, dated 31. 07. 1996. In the counter affidavit filed by the respondent, it is stated that the School was established by CRPF Employees Educational Society, in the year 1985. Alleging that neither the said Society nor the School has any trappings of the State, within the meaning of Article 12 of the Constitution of India, an objection is raised as to the maintainability of the Writ Petition. In the counter affidavit, it is stated that the Director General of C. R. P. F. is ex-officio president of the Society. The composition of the Management Committee of the school is as under: