RAM BUX SINGH Vs. HAR NARAIN SINGH

JUDGEMENT

(1.) THIS writ petition has been filed challenging order dated 18-7-1984 passed by District Inspector of Schools, respondent no. 3 (hereinafter referred to as D.I O.S.) rejecting the representation of petitioner arising out of order dated 11-12-1978 passed by principal of Shri Shankar Ji Inter College, Katwa Gahji, district Azamgarh (hereinafter referred to as the College) terminating petitioner from service and order dated 21-4-1978 passed by the Committee of Management in appeal filed by petitioner.

(2.) THE facts, in brief, giving rise to the aforesaid dispute are that petitioner was appointed as lab assistant in the College on 1-2-1973. On 8-11-1977 a show cause notice was served on him as to why legal action may not be taken against him. THE notice was replied by petitioner. However, it followed by a charge sheet dated 20-12-1977 which has been filed as Annexure III to the writ petition. Eight charges were levelled against petitioner in the aforesaid charge sheet. By order dated 11-2-1978 principal terminated him from service. This order is Annexure VII to the writ petition. It has been observed in the order that petitioner failed to adduce- evidence in his defence in spite of opportunities given. On 23-1-1978 he was given the last opportunity. However, instead of adducing evidence, the petitioner submitted a letter making irrelevant allegations and he also said in the letter that he does not want to say anything in writing or orally. Against this order petitioner filed an appeal which was dismissed by the Committee of Management on 21-4-1978. THE order is Annexure VIII to the, writ petition. Aggrieved by the aforesaid two orders, petitioner filed a representation before the D.I.O.S. under Regulation 21 of Chapter III framed under the U. P. Intermediate Education Act, 1921. THE representation has been dismissed by the D.I.O.S. on 18-7-1984. THE order is Annexure IX to the writ petition. Aggrieved by the aforesaid three orders, this writ petition has been filed.

(3.) SHRI R. N. Singh, learned counsel for respondents, on the other hand, has submitted that the report dated 25-8-1979 of the Assistant District Inspector of Schools can be ignored as irrelevant material on record. SHRI Singh has submitted that satisfaction of the D.I.O.S. .is objective and not subjective, hence even if the irrelevant material has been referred to in the order, it can be ignored if the order can be sustained validly on the basis of the relevant material on record. SHRI R. N. Singh has relied on cases : Zora Singh v. J. M. Tandon, AIR 1971 SC 1537 and Swarana Singh v. State of Punjab, AIR 1976 SC 232. It has been further submitted by SHRI Singh that the orders passed by the three authorities are concluded by findings of fact and there is no ground for interference by this Court.