Committee Of Management vs Smt. Simmy Agarwal & Another
2023 Latest Caselaw 3225 UK

     IN THE HIGH COURT OF UTTARAKHAND
                 AT NAINITAL

         THE HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
                                 AND
              THE HON'BLE SRI JUSTICE RAKESH THAPLIYAL


                 SPECIAL APPEAL NO. 349 OF 2023


                        18TH OCTOBER, 2023


Committee of Management,
H.N. Inter College, Haldwani               ......          Appellants


Versus


Smt. Simmy Agarwal & another               ......         Respondents


Counsel for the appellants     :   Mr. D.S. Patni, learned Senior
                                   Counsel    assisted     by     Mr.
                                   Dharmendra    Barthwal,    learned
                                   counsel
Counsel for the respondents    :   Mr. Nikhil Singhal, learned counsel
                                   for respondent No. 1

                               :    Mr. Amarendra Pratap Singh,
                                   learned     Additional    Advocate
                                   General for the State / respondent
                                   No. 2


The Court made the following:

JUDGMENT: (per Hon'ble The Chief Justice Sri Vipin Sanghi)


             The present special appeal is directed against

the judgment dated 04.10.2023, passed by the learned

Single Judge, in Writ Petition (S/S) No. 211 of 2019.


2)           By the impugned judgment, the said writ

petition preferred by the respondent has been allowed,

and her termination, while she was on probation, vide
                                2



order dated 26.11.2018, has been quashed and set

aside. The learned Single Judge has observed that the

termination order was stigmatic, and had been passed

without the approval of the competent authority, and,

therefore, the same was quashed.


3)            Mr. Patni submits that the appellant withdraws

this appeal. However, the appellant reserves the right to

initiate fresh action under Rule 19 of the Regulations

2009, in accordance with the law, and the applicable

Regulations 2009.


4)            The   appeal   is,   accordingly,   dismissed   as

withdrawn.


5)            Stay Application (IA No. 01 of 2023) also

stands disposed of.



                                           ________________
                                           VIPIN SANGHI, C.J.


                                       ________________
                                       RAKESH THAPLIYAL, J.

th Dt: 18 OCTOBER, 2023 Negi