vide Annexure-5, it appears, the petitioner has been once again remained to hand over charge. It is at this stage, considering the provision of law and considering the indication involving Annexure-3, this Court finds, in the event the Managing Committee was not satisfied with the explanation of the petitioner, vide Annexure-3, a disciplinary proceeding should have been initiated involving the petitioner. Further taking into account the provision at SubRule (1)(c) of Rule 23 of the Orissa Education (Recruitment and Conditions of Service of Teachers and Members of the Staff of Aided Educational Institutions), Rules, 1974, this Court finds, in case of any minor penalty involving the Headmaster, prior approval of the Inspector or the Director as the case may be, should have been also obtained. Finding the order at Anenxure-4 passed without following the process of law, as indicated herein above, this Court finds, the order at Annexure-4 becomes bad. As a consequence, this Court finds, there has been no proper consideration of the issue involved by the Director as appearing at Annexure-7. In the result, this Court interfering in the impugned orders at Anenxures-4 & 7 sets aside the same.
