JUDGMENT : 1. This appeal has been preferred by the appellant, Surendra Kumar Rai against the order dated 19.05.2017 passed by learned Chairman, Jharkhand Education Tribunal in Case No.27 of 2015 (JET). 2. Learned counsel Mr. Abhijit Kumar Singh, on the instruction of learned counsel for the appellant, Mr. Deen Bandhu, has assailed the impugned judgment passed by the learned Tribunal particularly finding no.1 that the Vidya Vikas Samiti, Jharkhand, Ranchi is the overall controlling and supervisory authority of the appellant and not Padmawati Jain Saraswati Shishu Vidya Mandir Sangathan, Chaibasa. The Vidya Vikas Samiti, Jharkhand, Ranchi is competent to transfer/depute the appellant and to take disciplinary action against him. 3. Learned counsel for the appellant has submitted that the above finding was given unnecessarily by the learned Tribunal though this part of the order is assailed on the ground that there is a title suit pending between the Management of the School before the Civil Judge Sr. Division, Chaibasa vide Title Suit No. 09 of 2018. The plaintiff -Padmawati Jain Saraswati Shishu Vidya Mandir Sangathan, Chaibasa filed suit against the defendant -Vidya Vikas Samiti, Jharkhand, Ranchi, in which prayer has been made under Order 39 Rule-1 & 2 CPC for injunction, but the same has not been granted by the learned Sub-Judge. 4. Learned counsel for the appellant has assailed the impugned award relying upon his submissions recorded in the impugned judgment at paragraph 10. No further ground has been taken by learned counsel for the appellant except the title suit pending before the Court of Sub-Judge, as such, for the sake of convenience paragraph-10 of the impugned judgment is reiterated here:- 10. As regards, the question no.1, the main submissions of the petitioner are :- (i) That the Vidya Vikas Samiti, Jharkhand, Ranchi, is not managing the Padmawati Jain Saraswati Shishu Vidya Mandir, Chaibasa, rather the local managing committee is managing it under the control of the Padmawati Jain Saraswati Shishu Vidya Mandir, Sangathan, Chaibasa. (ii) That the Vidya Vikas Samiti, Jharkhand, Ranchi, is an affiliating body as is apparent from the letter written by them to the Assistant Provident Fund Commissioner vide their letter no. 4249/0809 dated 12.02.2009 wherein they have specifically stated that they do not recruit the teachers nor have monitoring control over any Saraswati Shishu Mandir Schools. (ii) That the Vidya Vikas Samiti, Jharkhand, Ranchi, is an affiliating body as is apparent from the letter written by them to the Assistant Provident Fund Commissioner vide their letter no. 4249/0809 dated 12.02.2009 wherein they have specifically stated that they do not recruit the teachers nor have monitoring control over any Saraswati Shishu Mandir Schools. Rather their purposes is of training of the recruited teachers and all the Saraswati Shishu Mandir Schools are most probably managed by separate local committees. (iii) That another document filed by the petitioner is the judgment of the Tribunal in case no.18/2010 (JET), Smt. Poonam Giri Vrs. Vidya Vikas Samiti through its Secretary, Shukla Colony, Hinoo, Ranchi, which according to him, covers his case. (iv) That the respondent no.1 and 2 have not denied that they are not the affiliating body. It is added that Rs.1000/- was paid to Vidya Vikas Samiti, Jharkhand for affiliating Saraswati Shishu Mandir, Chaibasa (Now Padmawati Jain Saraswati Shishu Vidya Mandir, Chaibasa) by the local managing committee. (v) That he was appointed by the Vananchal Siksha Samiti, Bihar (now Jharkhand) a society registered under the Societies Registration Act and a separate organisation and his pay was also fixed by the said organisation and not by the Vidya Vikas Samiti, Jharkhand, Ranchi. (vi) That the balance sheet of Vidya Vikas Samiti, Jharkhand from 31.03.2003 to 31.03.2008 (procured by him under the Right to Information Act from the office of the Registrar of Societies) does not mention the name of Saraswati Shishu Mandir, Chaibasa, which shows that the said school was not managed by the Vidya Vikas Samiti, Jharkhand, Ranchi. 5. The learned Tribunal has also considered the submissions of respondent no.1 Vidya Vikas Samiti, Jharkhand, Ranchi and Sri Mukesh Nandan Pradesh Sachiv, Vidya Vikas Samiti, Jharkhand, which is reproduced in paragraph-11 as under:- 11. The submissions of respondent no.1 and 2 in respect of question no.1 are- (i) That the Vananchal Siksha Samiti, Jharkhand, Ranchi is another organisation under the control of Vidya Vikas Samiti, Jharkhand, Ranchi, runs school upto 5th standard and thereafter Vidya Vikas Samiti, Jharkhand, Ranchi, runs schools from 6th to 10th and 12th. Since Saraswati Shishu Mandir, Chaibasa, was upto 5th Std., the petitioner was posted in the said school by Vananchal Siksha Samiti, Bihar (now Jharkhand). When the school was upgraded, it came under the control of Vidya Vikas Samiti, Jharkhand, Ranchi. Since Saraswati Shishu Mandir, Chaibasa, was upto 5th Std., the petitioner was posted in the said school by Vananchal Siksha Samiti, Bihar (now Jharkhand). When the school was upgraded, it came under the control of Vidya Vikas Samiti, Jharkhand, Ranchi. (ii) That Vananchal Siksha Samiti, Jharkhand, has not been impleaded as necessary party by the petitioner and his petition should fail for non-joinder of necessary party. (iii) That the petitioner's letter to Vidya Vikas Samiti, Jharkhand, Ranchi, for enhancement of pay of all teachers and staff as per 6th Pay Commission Recommendation shows that the said school was under the controlling authority of Vidya Vikas Samiti, Jharkhand. (iv) That the Secretary, Sarswati Vidya Mandir, Chaibasa, wrote a letter to the then H.R.D. Minister, Govt. of India, New Delhi, on 18.04.2001 inviting him to be a special guest in the foundation laying ceremony of the building of Saraswati Vidya Mandir, Chaibasa, in which it has been clearly mentioned that the school is being run by the Vidya Vikas Samiti, Jharkhand, Ranchi. (v) That the petitioner himself has participated in various state and regional level conferences and training programmers organised by the Vidya Vikas Samiti, Jharkhand, Ranchi which shows that he is under their administrative control. (vi) That the affidavit dated 18.11.2008 sworn in by the petitioner at the time of applying for affiliation to the Jharkhand Academic Council, Ranchi in which the petitioner has stated that the school, Padmawati Jain Saraswati Shishu Vidya Mandir, Chaibasa, is run by the Vidya Vikas Samiti, Jharkhand, Ranchi, clearly prove that the said school is run and managed by them (Vidya Vikas Samiti, Jharkhand, Ranchi). (vii) That the judgment in Smt. Poonam Giri Vrs. Vidya Vikas Samiti, Jharkhand, Ranchi in case no.18/2010 (JET) shows that the Vidya Vikas Samiti, Jharkhand, Ranchi runs schools as well as extend affiliation to them. (viii) That the rules presented before the Registrar of Societies under the Societies Registration Act 1860 for registration in 2008 (Regd. on 09.01.2009) of the Vidya Vikas Samiti, Jharkhand clearly provide that one of the functions of the Executive Committee (Karyakarini Samiti) is to create paid and honorary posts and abolish posts as per needs and to promote and remove employees from service. Also to frame service rules for teachers and other employees working in various schools and educational centres. on 09.01.2009) of the Vidya Vikas Samiti, Jharkhand clearly provide that one of the functions of the Executive Committee (Karyakarini Samiti) is to create paid and honorary posts and abolish posts as per needs and to promote and remove employees from service. Also to frame service rules for teachers and other employees working in various schools and educational centres. In the light of this, it is not correct to say that Vivekanand Vidya Vikas Samiti, Jharkhand, Ranchi does not appoint teachers and other employees and does only affiliation work. The letter to Assistant Provident Fund Commissioner is not relevant in the present cases as it was written in a different context. The issues about the relevancy of the letter to the Assistant Provident Fund Commissioner has already been decided by the Tribunal in case no.25/2015(JET) in Upendra Rai Vrs. Bharat Coking Coal Limited through its Secretary and Others. (ix) That the land for the said school was gifted by Sri Ashok Kumar Jain in the name of Vidya Vikas Samiti, Bihar (now Jharkhand) and mutated also in their name shows that school is owned and managed by them. The school was renamed from Saraswati Shishu Mandir to Padmawati Jain Saraswati Shishu Vidya Mandir as per terms and conditions of the gift deed. 6. Learned counsel for the appellant has submitted that in Case No. 23 of 2016 (JET), Sri Harendra Kumar Singh, President, Padmawati Jain Saraswati Shishu Vidya Mandir Sangathan, Chaibasa was impleaded as respondent no.3, but said respondent no.3 Sri Harendra Kumar Singh has not filed any written statement so far contention of the appellant is concerned. 7. This Court has given an opportunity to the appellant to withdraw this appeal as any finding recorded by this Court may adversely affect the title suit pending before the Civil Judge (Sr. Division), Chaibasa in Title Suit No.09 of 2018. 8. After having instruction from the appellant, the learned counsel, Mr. Abhijit Kumar Singh has pressed this appeal and has submitted that Padmawati Jain Saraswati Shishu Vidya Mandir Sangathan, Chaibasa is the Managing Committee, who is controlling and supervising authority of the appellant, as such, the dismissal order, which has been set aside by the learned Tribunal directing liberty to the respondent no.1 Vidya Vikas Samiti, Jharkhand for initiating a department proceeding against the appellant is unnecessary. 9. This Court considered the entire submissions made by learned counsel for the appellant. 9. This Court considered the entire submissions made by learned counsel for the appellant. From perusal of the same, it appears that the appeal is itself not maintainable before this Court for the reason that the present appeal is against the order in Case No. 27/2015 (JET), which is with regard to the transfer whereas Case No. 23/2016 (JET) is with regard to the dismissal and the departmental enquiry and the said order has not been assailed, but it is incumbent upon this Court to decide the case since the argument has been made by learned counsel for the appellant with regard to issue on merits. 10. Under the aforesaid circumstances, this Court being the first appellate court is considering the entire submissions of the appellant so as to avoid multiplicity of suit. 11. It appears that the basic ground which has been taken by the learned counsel for the appellant is with regard to para-10 (ii) of the impugned order that a letter was issued by Vidya Vikas Samiti, Jharkhand, Ranchi, an affiliated body before the Assistant Provident Fund Commissioner, Ranchi vide their letter no. 4249/0809 dated 12.02.2009, wherein they have specifically stated that they do not recruit the teachers nor have monitoring control over any Saraswti Shishu Mandir Schools, rather their purposes is training of the recruited teachers and all the Saraswati Shishu Mandir Schools are most probably managed by separate local committees. 12. This will not give any benefit to the appellant, as it is admitted position that Management Committee of the School is governing the School and the affiliated body is Vidya Vikas Samittee, Jharkhand, Ranchi. This appellant, being the Principal of the School, has written a letter to the Vidya Vikas Samittee, Jharkhand, Ranchi for enhancement of pay of all teachers and staff as per the 6th pay commission recommendation, which shows that for all other purposes this Principal is accepting Vidya Vikas Samittee, Jharkhand, Ranchi as controlling authority. The Secretary, Saraswati Vidya Mandir, Chaibasa has also acknowledged Vidya Vikas Samittee, Jharkhand, Ranchi as controlling authority, as they have invited the Hon'ble Minister of H.R.D., Government of India, New Delhi, on 18.04.2010, as a Special Guest, in the foundation laying ceremony of the building of Saraswati Vidya Mandir, Chaibasa. The Secretary, Saraswati Vidya Mandir, Chaibasa has also acknowledged Vidya Vikas Samittee, Jharkhand, Ranchi as controlling authority, as they have invited the Hon'ble Minister of H.R.D., Government of India, New Delhi, on 18.04.2010, as a Special Guest, in the foundation laying ceremony of the building of Saraswati Vidya Mandir, Chaibasa. Apart from that, the appellant himself participated as delegates in various State and Regional Level Conferences and also training programme organized by Vidya Vikas Samittee, Jharkhand, Ranchi. The appellant has not disputed that in the case of Smt. Poonam Giri Vs. Vidya Vikas Samiti, Jharkhand, Ranchi passed in the Case No. 18/2010 (JET) the finding recorded by the Tribunal has not been assailed before any Court of appeal and that attains finality. 13. So far the letter to the Provident Fund Commissioner is concerned, the same is not relevant for the proper adjudication of the dispute between the Management, as it was a defence taken by the School before the prosecuting authority. 14. The appellant has to discharge his duty as per obligations for the betterment of the students. In the present case, this Court finds that the Principal, Surendra Kumar Rai, is trying to create evidence in favour of one Management Committee so that the title suit pending before the Civil Judge, Senior Division, Chaibasa may be influenced. 15. Principal cannot challenge the existence of Managing committee and that too, before Jharkhand Education Tribunal by assailing its order of Departmental Proceeding. 16. Under the aforesaid circumstances, this Court deprecates the conduct of the appellant. The Tribunal has rightly considered that the School was upgraded. It came under the control of Vidya Vikas Samittee, Jharkhand, Ranchi. The payment used to be paid to the Principal by Vidya Vikas Samittee, Jharkhand, Ranchi. The Hon'ble Minister of H.R.D., Government of India, New Delhi has been requested as a Special Guest, for foundation laying ceremony of building of Saraswati Vidya Mandir, Chaibasa. Considering the school being run by Vidya Vikas Samittee, Jharkhand, Ranchi, the appellant has represented as a delegate at several states and regional conference organized by Vidya Vikas Samittee, Jharkhand, Ranchi. The academic council has also provided affiliation to the School. Padmawati Jain Saraswati Shishu Vidya Mandir Sangathan, Chaibasa runs by Vidya Vikas Samittee, Jharkhand, Ranchi. Considering the school being run by Vidya Vikas Samittee, Jharkhand, Ranchi, the appellant has represented as a delegate at several states and regional conference organized by Vidya Vikas Samittee, Jharkhand, Ranchi. The academic council has also provided affiliation to the School. Padmawati Jain Saraswati Shishu Vidya Mandir Sangathan, Chaibasa runs by Vidya Vikas Samittee, Jharkhand, Ranchi. The earlier order passed by the Tribunal is binding upon the school where Vidya Vikas Samittee, Jharkhand, Ranchi has been considered to be the controlling authority. 17. Further land was gifted by one Ashok Kumar Jain in the name of Vidya Vikas Samittee, Jharkhand, Ranchi and also mutated in the name of Vidya Vikas Samittee, Jharkhand, Ranchi, which is ample proof that Vidya Vikas Samittee, Jharkhand, Ranchi is the basic committee and subsequently because of the indulgence of Principal and other persons, another management has been created, which has never been recognized by any competent authority neither by the Jharkhand Academic Council, State Government nor by the Union Government. A frivolous appeal has been preferred by the appellant, as such, the learned Tribunal has rightly held that Vidya Vikas Samittee, Jharkhand, Ranchi shall conduct the departmental enquiry against the appellant. 18. Under the aforesaid circumstances, the appeal, being devoid of merit, is hereby dismissed. 19. However, the Civil Judge (Senior Division), Chaibasa shall decide Title Suit No.09 of 2018 in accordance with law on the basis of evidence brought on record without being influenced by any observation made by this Court.