GANESH SHANKAR MISRA Vs. STATE OF U P

JUDGEMENT

(1.) In these cases common questions of law and fact are involved and counter-affidavit and rejoinder-affidavits have also been exchanged and filed by the parties. Therefore, as desired by the learned counsel for the parties'as well as looking to the importance of the subject-matter in dispute, these petitions were heard finally at this stage and are being disposed of by means of this common judgment.

(2.) By means of Writ Petition No. 3506 (S/S) of 1998, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 4.8.98 passed by Basic Shiksha Adhikan, Unnao, appointing authority/ disciplinary authority, whereby the petitioner has been dismissed from the post of Assistant Teacher, in the Primary School Laharkhera, Gramin Kshetra-Sarosi, district Unnao, established and run by U. P. Basic Shiksha Parishad, Allahabad (for short 'the School').

(3.) Relevant facts of the case as unfolded in the writ petition are that the petitioner was holding the post of Assistant Teacher in the School under the administrative control of Director of Education [Basic) U. P.. Lucknow. It was on 31.5.98 that President of U. P. Shikshak Sangh. Convenor of U. P. Primary Karmchari-Shikshak Sanyukt Morcha, notified a programme of agitation to the State Government on account of non-Implementation of revised pay scale and for removal of anomalies in the pay scales. On the call given by the said President, teachers took part in agitation and they went on strike with effect from 1.7.1998. During continuance of said strike, a notification dated 25.7,98 was issued by the State Government declaring the services under Basic Shiksha Parishad, as essential services and the strikes were banned for a period of six months, in exercise of powers under U. P. Essential Services (Maintenance) Act, 1966. Thereafter, a memorandum is also stated to have been Issued on 1,8.1998 directing the striking teachers to resume their duties by forenoon of 1.8.1998. It is stated that in daily newspaper 'Rashtriya Sahara', a charge-sheet dated 2.8.1998 was published, about which petitioner came to know on 6.8.1998. It has been stated that the aforesaid charge-sheet was never served upon the petitioner. No opportunity of hearing was afforded to him. No information regarding appointment of enquiry officer or initiation of enquiry was at all given, the enquiry, if any, allegedly conducted by the said Inquiry Officer was farce and concocted. Enquiry report was never supplied to the petitioner, nor any show cause notice was given to him but he was dismissed from service in violation of principles of natural justice, the relevant service Rules and Article 311 of the Constitution of India vide impugned order dated 4.8.1998, in wholly arbitrary manner.