E. S. Venkataramiah, J. - (1.) The appellant was appointed on probation as the Principal of the Model Inter College,'Thora, District Bulandshahr (hereinafter referred to a 'the College') on August 28, 1967 in accordance with the procedure prescribed by the Intermediate. Education Act, 1921 (U. P. Act No. II of 1921) (hereinafter referred to as 'the Act') and the Regulations made thereunder. The period of probation prescribed was one year. Shortly before the expiry of the period of probation on August 25, 1968, the Managing Committee of the College passed a resolution extending the period of probation of the appellant by one year. Thereafter on April 27, 1969, the Managing Committee met to consider the question of confirmation of the appellant in the post of the Principal. As the Managing Committee was not satisfied with the services of the appellant, it resolved to terminate his services and after obtaining the approval of the District, Inspector of Schools wrote a letter, dated June 30, 1969 to the appellant communicating its decision to terminate the services of the appellant enclosing therewith a copy of its resolution dated, April 27, 1969. The letter dated June 30" 1969 reads thus:"From To The Manager Shri I. P. Gupta Model Inter College Chilkana House, Thora (Bulandshahr) Kumaran, Bridge, Saharanpur. Ref. No. Dated the 30th June, 1969 Sub:Termination of your service as Principal. Dear Sir, With reference to the above, I have to mention that in view of the resolution No. 2 of the Managing Committee dated 27-4-1969 (copy enclosed) and subsequent approval by the D.I.O.S. Bulandshahr you are hereby informed that your service as Principal of this Institution is terminated with immediate. effect. You will however be entitled to your dues in lieu of notice. Please hand over complete charge to Sri D. D. Gupta, who is being instructed accordingly, without delay. Please note that you cease to function as Principal of this Institution forthwith. You are neither authorised to operate any account nor will you perform any other act in the capacity of the Principal of this Institution henceforth. Of course the civil suit filed by Shri S., P. Jain of Meerut for the recovery of his dues is your sole responsibility. Please see that the matter is reasonably settled failing which you shall be liable to any loss caused to the institution in that respect. While handing over charge please do not forget to return all papers or documents relating to the college, or any other college property in your possession. All accounts also may kindly be cleared. Since despite several assurances you have failed to return during the complete summer vacation this intimation is being conveyed to you at your Saharanpur address, in this state of uncertainty under registered cover to ensure safe delivery. Recently you are reported to have been to Bulandshahr for a few days. Please come immediately and do the needful in the matter. Sri D. D. Gupta is to assume office of the Principal of this institution with immediate effect in officiating capacity till further instruction. He may take over charge from Sri I. P. Gupta when he returns. Yours faithfully, Sd/- Manager Model Inter College, Thora (Bulandshahr)" 2. The copy of the resolution of the Managing Committee sent along with the above letter reads thus: "Resolution passed by the Managing Committee in its Meeting held on 27-4-69 terminating the probationary period of the petitioner.
(2.) The report of the Manager was read. Sri I. P. Gupta, who was present in the meeting also heard it. He was asked by the Committee to have his say in respect of the report. At first he refused to say anything but when the Committee requested him to consider it seriously and let the Committee have the benefit of his views. he said that he had nothing to say in that respect since he wanted to quit himself due to circumstances. On this the Committee again. requested him to put some such suggestion in consultation with the manager as may be helpful for the Committee to arrive at some conclusion. In the absence of any satisfactory suggestion the Committee took the decision. At this stage the Principal retired out of courtesy. On the basis of the Service Book of the Principal, the Manager told that last year his confirmation was due on 28-8-1968 but in the meeting of the Committee held on 25-8-68 in which the Principal was also present, the report of the Manager, dated 4-7-68 was 'put as desired by the President. Resolution 3 dated 25-9-68 under the head "Consideration on confirmation of Shri I. P. Gupta, Principal" incorporates the decision of the Committee as according to the Manager's report the period of probation of the Principal extended by one year." The proceedings book contains signatures of Sri I. P. Gupta for receiving a copy of the said resolution. At the end of the proceedings the minute book contains signatures of Sri I. P. Gupta along with other members of the Committee present. The facts contained in the report of the Manager being serious and not in the interests of the institution, this Committee unanimously resolves that the period of probation of Sri I. P. Gupta, Principal, be terminated without waiting for the period to end and the manager is empowered to take necessary steps in this respect. Anything done by him in this respect shall be considered to have been done by this Committee. The manager. is also authorised to hand over charge to Sri D. D. Gupta when necessary. Sri I. P. Gupta also came in. With a vote of thanks to the Chair the meeting ended."
(3.) The English translation of the relevant part of the report of the Manager on the basis of which the above resolution was passed which is incorporated in the counter affidavit filed on behalf of the Managing Committee reads thus: "It will be evident from the above that the Principal's stay will not be in the interest of the institution. It is also evident that the seriousness of the lapses is enough to justify dismissal but no educational institution , should take all this botheration. As such my sugggestion is that our. purpose will be served by termination of his services. Why then, we should enter into any botheration. For this, i. e. for termination of his period of probation, too, the approval of the D.I.O.S. will be necessary. Accordingly any delay in this matter may also be harmful to our interests. Accordingly I suggest that instead of taking any serious action, the period of probation of Sri Inder Pal Gupta be terminated without waiting for the period to end.";