RAJENDRA LAL SRIVASTAVA Vs. SECONDARY EDUCATION SERVICE COMMISSION

JUDGEMENT

(1.) This matter has come before us in order to resolve the conflict of opinions in two decisions rendered by learned single Judges of this Court.

(2.) Disciplinary proceedings were initiated against the petitioner who was Principal of an intermediate college. A charge-sheet was served upon him on 15.7.1993 and he was required to appear before the enquiry committee constituted by the Committee of Management of the Institution. After conclusion of the enquiry, the Committee of Management of the Institution passed a resolution proposing his dismissal from service. The resolution was sent to U. P. Secondary Education Services Commission (hereinafter referred to as the Commission) for grant of approval. The Commission sent a notice to the petitioner requiring him to send his reply. He was afforded an opportunity of hearing by a single member subcommittee of the Commission. Thereafter, the Commission passed an order on 17.7.1995 approving the proposal of the Committee of Management of the Institution for dismissing the petitioner from service. The writ petition has been filed for quashing of the aforesaid order.

(3.) During the course of hearing before a learned single Judge, it was contended that the impugned order of the Commission being a non-speaking order, it is wholly illegal. Reliance was placed on a decision by a learned single Judge in Awadh Narain Tripathi v. U. P. Secondary Education Services Commission and Ors., 1995 (3) UPLBEC 1891, wherein it has been held that the Commission should have given reasons for not accepting the pleas set up by the teacher in his reply to the show cause notice and it should have also addressed itself to the quantum of punishment having regard to the nature of charges before expressing agreement with the report of single member sub-committee and it having not done so, the decision of the Commission was liable to be set aside. On behalf of the contesting respondents, reliance was placed on another decision of a learned single Judge in Committee of Management of D.A.V, Inter College, Aligarh v. U. P. Secondary Education Services Commission, 1998 (2) AWC 1556 : 1998 (2) UPLBEC 1532, wherein it has been held that the Commission being in agreement with the report of the sub-committee, it was not necessary for it to give reasons which impelled it to agree with the findings of the subcommittee and it was more than enough if the Commission mentioned that after due consideration of the report of the sub-committee, it has taken a decision in accordance with findings of the sub-committee. The learned single Judge who heard the writ petition has made the present reference to decide the question as to whether the Commission, while considering the report of the subcommittee, is required to give its reasons for either approving or disapproving the report or without giving any reason, it can approve or disapprove the same.