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2007 DIGILAW 219 (SC)

Mhahadeb Bhattacharyya v. Headmaster, Rabindra Smriti Vidyaniketan

2007-02-14

B.SUDERSHAN REDDY, HOTOI KHETOHO SEMA

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JUDGMENT : Mr. Hotoi Khetoho Sema, J. - Leave granted. 2. Heard the parties. 3. The appellant was working as assistant English teacher in Rabindra Smriti Vidyaniketan. By Board's resolution dated 04/05/2002, a decision was taken to institute a departmental enquiry on nine grave charges levelled against the appellant. Thereafter, the appellant was placed under suspension on 25/09/2002. The appellant carried the order of suspension unsuccessfully before the single Bench and the Division Bench of the High Court. Aggrieved thereby, this appeal is filed by special leave. 4. The school is Government sponsored institution (secondary). Rules have been framed for Management of Sponsored Institutions (Secondary), 1972. Rule 23 of 1972 Rules empowers the Managing Committee to appoint, to remove or dismiss teachers and other employees. We are, therefore, clearly of the view that the power to remove or dismiss also includes the power to suspend. The appeal being devoid of merit, we see no reasons to interfere. The appeal stands dismissed.