ARCHANA AGRAWAL Vs. CHAIRMAN CUM MANAGING DIRECTOR NATIONAL MINERAL DEVELOPMENT CORPORATION LIMITED

JUDGEMENT

(1.) THIS petition impugns the validity of (i) memo dated 28-4-1996 (Annexure P/7), whereby the petitioner was called upon to reply to the memo of charge-sheets issued under the provisions of the Certified Standing orders of National Mineral Development Corporation (for short, NMDC") Limited by the Vice Principal of biop Secondary School, (ii) punishment order dated 2-9-1999 (Annexure P/8), whereby the petitioner was reduced to lower grade i. e. , from Teacher (S-8) to Assistant teacher (S-4) with a basic pay of Rs. 3106/- + PP 678/-p. m. , under the provisions of the Standing Orders of NMDC limited and (iii) the appellate order dated 16-1-2000 (Annexure P/11) whereby the appeal of the petitioner was rejected by the Director (Prodn) and appellate Authority.

(2.) THE brief facts, in nutshell, are that the petitioner was appointed as Assistant Teacher vide order dated 14-6-1987 (Annexure P/1) with the condition that for the purpose of conduct, service and disciplinary control, the petitioner would be governed by the "standing Orders". In respect of the matters not governed by the Standing Orders, the petitioner would be governed by the rules and regulations of the Corporation. It was further provided that the management reserves the absolute right to terminate the appointment of the petitioner at its absolute discretion in terms of order-34 of the standing orders for all Projects and feasibilities under the control of NMDC. Thereafter, according to the petitioner, pursuant to an advertisement, the petitioner applied for the post of senior Teacher and participated in the interview and thereupon, she was appointed as Senior Teacher (Chemistry) on probation vide order dated 7-4-1992 (Annexure P/3) with the following terms and conditions.

(3.) DURING the course of service as Teacher (Chemistry), Vice Principal of the school (respondent no. 4) issued a memo dated 28-4-1996 (Annexure P/7)containing two charges as follows