Shah, J. - (1.) On October 18 , 1954 the District Board, Agra resolved to terminate after giving salary for three months in lieu of notice, the employment of the appellant who held the office of Engineer under the Board, and intimation in that behalf was given to him. An appeal preferred by the appellant to the Government of U. P. against the order terminating his employment was dismissed on December 5, 1956 The appellant then submitted a petition to the High Court of Allahabad under Art. 226 of the Constitution for a writ in the nature of certiorari quashing the resolution passed by the Board on October 18, 1954 and the order dated December 5, 1956 passed by the State of U. P. dismissing the appellant's appeal, and a writ in the nature of mandamus commanding the Board and the State of U. P to treat the appellant as the lawfully appointed Engineer of the District Board and not to give effect to the resolution terminating the services of the appellant passed by the Board on October 18, 1954 .
(2.) The appellant averred that he had as Engineer of the Board rendered "flawless service" but a member of the Board named Tota Ram felt 'annoyed with' him for reasons which had nothing to do with the proper discharge of his duties as an Engineer, and the President of the District Board was not "very happy with the" appellant for "reasons best known to" the President, that "he had spent the best part of his life in the service of the District Board and even though he has been honest and faithful in the discharge of his duties the District Board, has capriciously and without any justification terminated" his services, and therefore the resolution of the Board terminating his services was invalid.
(3.) On behalf of the Board an affidavit was filed stating that the appellant was guilty of "negligence, and unfaithfulness," and he was censured , his annual increments were stopped, and that he was once dismissed and thereafter the resolution of dismissal was rescinded. The affidavit catalogued several incidents in support of this case, and urged that the Board being competent had justifiably terminated the appellant's services, and the validity of the resolution terminating his services was not liable to be challenged. The State of U. P. submitted that the services of the appellant were terminated in accordance with Rule 3A(iv) of the District Board Manual, that no appeal lay against the resolution terminating the services of the appellant under R. 3A (iv) of the Rules regarding Officers and servants of District Boards and that the order of the State Government rejecting the appeal was correct.;