RAJ KUMAR SHARMA Vs. JOINT DIRECTOR OF EDUCATION (GIRLS), DIRECTORATE OF EDUCATION U.P. ALLAHABAD AND OTHERS

JUDGEMENT

(1.) Present writ petition has been directed for quashing the order dated 28th Dec., 1978 (Annexure-I to the writ petition) passed by respondent No. 1 Joint Director of Education (Girls) U.P. Allahabad.

(2.) Brief facts relevant to the controversy involved in the writ petition are that petitioner was appointed Head Clerk in Arya Samaj Girls Inter College, Mathura, which was subsequently named as Laxman Prasad Chaturvedi Arya Kanva Inter College (hereinafter called the college). By an order dated 8-5-1973 petitioner was placed under suspension. The suspension of the petitioner was followed by a charge-sheet dated 21-6-1973 which was duly served on him. The charge-sheet contained serious charges of misconduct against the petitioner. Enquiry Committee was appointed and the Enquiry Committee submitted its report to the Managing Committee. It recommended that lenient view may be taken in favour of the petitioner in view of the regret expressed by the petitioner and also his family conditions. The Managing Committee, however, considered the report of the Enquiry Committee in its meeting dated 31st Aug., 1974 and resolved to terminate the services of the petitioner. It further resolved that a copy of the resolution be sent to the Regional Inspectors of Girls Schools, Agra Region, Agra, (hereafter called the Inspectors) for approval if it was required. Consequently, the resolution was sent to the Inspectors which remained pending for quite long time and ultimately the Inspectors by order dated 1-12-1976 disapproved the proposal for terminating the services of the petitioner. The Managing Committee, thereafter, filed an appeal under Sec. 16-G (3) (c) of the U.P. Intermediate Education Act (hereinafter referred to as the Act). The said appeal was heard by respondent No. 1 and was ultimately allowed. Respondent No. 1 held that since the termination of the petitioner had been .effected by resolution dated 31st August. 1974 by the Managing Committee, no approval was required from the Inspectors and the petitioners service stood terminated with the passing of the resolution dated 31st Aug., 1974.

(3.) Sri R.P. Goel, learned counsel for the petitioner, has made two submissions.