SURESH CHAND Vs. DISTRICT INSPECTOR OF SCHOOLS MEERUT

JUDGEMENT

(1.) SURESH Chand. petitioner in Writ Petition No. 10388 of 1978, who was working as a peon in Krishak Inter College, Mawana, Meerut (here-in-after referred to as the college) was removed from service by the principal by order dated 12-8-1976. Against this order of termination of Service, petitioner filed an appeal before the Committee of Management on 25-8-1976. According to the petitioner as the appeal was not decided immediately, he sent reminders to the committee of management on 24-9-1976, 12-11-1976 and 19-11-1976. Petitioner, not having received any reply from the management, made a representation before the District Inspector of Schools, Meerut here in-after referred to as the DIOS). It appears that at the instance of the DIOS the committee of management communicated to the petitioner its decision dated 6-9-1976, dismissing the appeal of the petitioner, in November, 1977, a copy of which was also sent to the DIOS The petitioner thereafter filed a representation/appeal against the aforesaid decision of the management before the DIOS, which has been dismissed by him on 30-10- 1978 on the ground that the petitioner's representation/appeal is barred by time. It is against this order that this writ petition has been filed.

(2.) IT has been averred in paragraphs 18 and 19 of the counter affidavit filed by the petitioner in the connected writ petition No. 1553 of 1979 in which the petitioner has been impleaded as one of the respondents that when the writ petition no. 10388 of 1978 was listed for admission, this court observed that the DIOS should decide the appeal on merit and asked the learned Standing counsel to communicate the view of the Court to the DIOS. The DIOS accordingly passed a fresh order on 10-2-1979 which has been placed on record by the petitioner by means of a supplementary affidavit along with an application for treating it as part of the record of the Writ Petition. By this second order the DIOS has held that before terminating bis services, the petitioner was neither given any charge sheet nor was he given any show cause notice and the order of termination of service was passed in violation of the principles of natural justice. After having held as above, the appeal of the petitioner was partly allowed by substituting the order of removal by an order of stoppage of increments for the period commencing from the date of termination of service to the date of his reinstatement. The Principal of the college has filed a Writ Petition No. 1553 of 1979 against the second order dated 10-2-1979 of the DIOS. The petitioder has also challenged that part of the said order so far as it relates to imposition of penalty of stoppage of increments for the period commencing from the date of the termination of his service to the date of reinstatement.

(3.) EVEN if the second order of the DIOS dated 10-2-1979 is bad, I do not consider it fit and proper in exercise of equittable jurisdiction under Article 226 of the Constitution of India to interfere with such an order. By the said order, order of termination, which was a nullity having been passed in violation of principles of natural justice has been set aside. If the writ petition is allowed and the second order is quashed, it will have the effect of restoring another illegal order passed earlier. Under these circumstances, this Court cannot interfere even if later order is found to be bed. In this connection reference may be made to the case of Gadde Venkata Swara Rao v. Government of Andhra Pradesh, AIR 1966 SC 828, where the Supreme Court was pleased to observe as follows