COMMITTEE OF MANAGEMENT, CHAUDHARY JAWAHAR SINGH INTER COLLEGE, SUTIYANI, ETAWAH Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) MANAGING committee of Jawahar Singh Inter College, Sutiyani, Etawah has approached this Court, questioning the decision dated 19.09.2008 taken by Regional Joint Director of Education, Kanpur, allowing appeal preferred on behalf of respondent No. 4, Karan Singh.

(2.) BRIEF background of the case is that petitioner had been performing and discharging duties as Head Clerk in the institution concerned. The Managing Committee of the institution proceeded to initiate disciplinary proceedings against him, and based on the same proceeded to pass resolution for dispensing with the services of Karan Singh. Said papers were transmitted to the District Inspector of Schools for the purposes of according approval. Said termination was approved by the District Inspector of Schools on 14.11.2007. Against the said order, respondent Karan Singh preferred writ petition No.59500 of 2007. This court on 05.12.2007 quashed the aforesaid order, as the same was passed in violation of the principles of natural justice. Operative portion of the order is being quoted below:

(3.) THE appellate authority has proceeded to mention without giving any reason that the charges levelled in the charge sheet and the evidence adduced are not enough to substantiate the said charges. The appellate authority has not at all discussed as to what were the charges and what evidence was led by the Committee of Management to substantiate the charges and as to under what circumstances the said evidence was not enough to bring home the said charges. The appellate authority has proceeded to mention that various charges were not in the domain of the Head Clerk without mentioning as to in respect of which charge said mention was made. The appellate authority has proceeded to mention that relevant provisions as contained under the U.P. Act No. 2 of 1921 and the Regulations framed thereunder have not been complied with and principles of natural justice have been violated. Totally vague and evasive averments have been mentioned without discussing and giving details as to in what way and manner principles of natural justice have been breached and on account of the same prejudice has been caused to the delinquent employee. The fact of the matter is that in the present case Regional Joint Director of Education has clearly failed to discharge duty cast upon him while deciding the appeal. Regulation 44-A gives wide authority to the appellate authority, and the appellate authority has power to confirm, rescind or modify the order under appeal. Further the appellate authority has been vested with the authority that in case it considers it expedient, then it can also hold additional enquiry. This particular Regulation shows that wide amplitude of the power is vested in the appellate authority and it can be invoked either on the appeal preferred by the delinquent employee or the Management of the institution. The appellate authority has considered nothing in the present case, and said decision is merely an eye wash. The arguments advanced by Sri Ramesh Upadhyaya before this Court is that the copy of the charge sheet was not served upon his client and disciplinary proceedings were undertaken in hot haste, violating principles of natural justice, and in fact it was malicious proceeding without any material. All these aspects of the matter ought to have been examined by the Regional Joint Director of Education while deciding the appeal, instead of passing order on surmises and conjectures. In the facts of the case, this is glaring case of failure to exercise jurisdiction vested in the appellate authority. Consequently, writ petition succeeds and is allowed. The appellate order dated 19.09.2008 is hereby quashed and set aside and the matter is remitted back to the Regional Joint Director of Education (secondary), Kanpur Region, Kanpur with direction to decide the appeal afresh within a period of two months from the date of receipt of a certified copy of this order, after affording opportunity of hearing to the nominee of Management and to delinquent employee. While deciding the appeal afresh the Joint Director of education shall advert to;