Leave granted.

Heard learned counsel for the appellant and learned Senior Counsel for the respondents.

It is true that the termination relates to a period before the decision in the case of Union of India v. Mohd. Ramzan Khan 1990 SC 577 : 1991 SCC (L&S) 612 : 1990 SC 577 was rendered, but, at the same time sub-rule (8) of Rule 28 of the Management for Recognised Non-Government Institutions (Aided and Unaided) Rules, 1969 requires principles of natural justice to be followed. Obviously the said principles of natural justice would include furnishing of the inquiry report.

We, therefore, direct the disciplinary authority to furnish a copy of the enquiry report to the appellant and then permit her to submit her representation/explanation to the same and pass final orders thereafter. However, this will not lead to reinstatement or to back wages inasmuch as this Court has decided in the case of Managing Director, ECIL, Hyderabad v. B. Karunakar 1993 SC 430 : 1993 SCC (L&S) 1184 that there need be no reinstatement nor back wages need be paid when the Court directs that the principles of natural justice should be followed. We, therefore, remit the matter to the disciplinary authority, being Secretary, Shibarampur Madhyamik High School for Girls, Shibarampur, Calcutta 700 061 for the aforesaid purposes. The termination order already passed will remain, but subject to the result of the fresh consideration as directed above.

The abovesaid disciplinary authority is directed to give a copy of the enquiry report to the appellant within one month from the receipt of a copy of this order and thereafter grant four weeks for filing an explanation. On receiving the same the disciplinary authority may decide the matter within six weeks thereof. If the appellant is entitled to any subsistence allowance from the date of her removal till the date of termination already made, she may make appropriate application therefor. If the application is so made, the disciplinary authority will consider the same on its own merits.

The civil appeal is allowed accordingly.

No costs.