MANAGING COMMITTEE Vs. INDRA PAL GUPTA AND OTHERS

JUDGEMENT

(1.) The Managing Committee of the Model Inter College, Thora, District Bulandshahr, appeals against the judgment of a learned Single Judge allowing a writ petition and quashing an order whereby the services of Sri I. P. Gupta, respondent No. 1 were terminated.

(2.) Sri Gupta was selected for appointment to the post of the Principal of the College and he started functioning as such with effect from 1st July, 1967. The District Inspector of Schools approved his candidature by an order passed on 22nd Aug., 1967. Thereafter, on 28tn Aug., 1967, the management issued an order of appointment placing Sri Gupta on probation of one year. Shortly prior to the expiry of the period of probation, namely, on 22nd Aug., 1968, the management passed a resolution extending the period of probation by one year. It appears that the functioning of Sri Gupta was not quite happy. The Managing Committee met on 27th April, 1969, to consider the question of confirmation of Sri Gupta. After considering the report of the Manager, the Committee resolved to terminate the services of Sri Gupta and directed the Manager to take requisite steps in that behalf. The Manager sent his report along with the resolution of the termination of the services of Sri Gupta to the District Inspector of Schools for his approval to the resolution. The District Inspector of Schools accorded his approval on 30th June, 1969, whereupon the Managing Committee passed an order dated 1st July, 1969, terminating the services of Sri Gupta, respondent No. 1 with immediate effect.

(3.) Aggrieved, respondent No. 1 came to this Court by way of a writ petition. The learned Single Judge held that the termination appears to have been effected by way of punishment owing to various charges against Sri Gupta. The procedure provided by the Regulations relating to imposition of the punishment of dismissal or removal from service not having been followed, the order was held invalid. The plea that since the Managing Committee was not a statutory body, no writ could be issued against it, was repelled. On these findings, the writ petition was allowed and the order of termination and the order of the District Inspector of Schools according approval to the order of termination were quashed.