HARILAL Vs. REGIONAL INSPECTRESS OF GIRLS SCHOOLS

JUDGEMENT

(1.) By this petition, the petitioner prays for quashing the orders dated April 22, 1981; June 6, 1981 and February 26, 1983, contained in annexures, 8, 9 and 10 respectively to the writ petition. He also prays that a writ in the nature of mandamus be also issued commanding the principal and the Committee of Management of Carmel Inter College, Gorakhpur to pay the past salary to the petitioner together with all privileges and benefits.

(2.) The petitioner was a Chowkidar in the Carmel Inter College, Gorakhpur (sic.) from June 1, 1971. The college is being run and managed by Christians. The petitioner's grievance is that he was suspended on the charge of being absent from duly and also that he was negligent in his duties as a result of which a then was committed in the store of the college. The complicity of the petitioner in the alleged theft was suspected. The management terminated the services of the petitioner on January 20, 1981 without holding enquiry and this fact came in the knowledge of the petitioner later on when the matter was taken up by way of appeal to the Regional Inspectress of Girls Schools 7th Region, Gorakhpur. The matter was again investigated and he was given a charge-sheet. The Enquiry Officer one Sri N. Andereyas was appointed fay the Principal. The grievance of the petitioner is that he was not given sufficient time to file written statement in support of the allegations and even time to substantiate the case was not given. As such the entire proceedings has been vitiated. The other ground of the petitioner is that the enquiry had been conducted not in accordance-with regulations so much so the copy of the proceedings were not given. The management again held the enquiry and found him guilty which the petitioner asserts is based on no evidence. So in short the case of the petitioner was that he was terminated without notice or enquiry but later on when the matter went to Appellate Authority another Enquiry Officer was appointed, notice was given but he was not allowed to lead evidence.

(3.) The actual impugned order is February 26, 1983, which is relevant and for the petitioner's main relief is confined. The writ petition is of 1983. The respondents' Counsel was given time to file counter affidavit but no counter affidavit has been filed. However the respondents' Counsel is present at the time of arguments.