Bhagwan Din, J. - (1.) The petitioner was appointed as a Peon in the month of July. 1970 in Hari Shanker Pandey Inter College, Lallapur. Allahabad (in short Institution). In the month of June, 1996 by the order dated 28.6.1996 he was placed under suspension by the respondent No. 3, the Principal of the Institution. Against the order of his suspension the petitioner filed the present petition under Article 226 of the Constitution, with the prayer that a writ in the nature of certiorari quashing the suspension order dated 28.6.1996 be issued.
(2.) During the pendency of the petition, this Court by order dated 26.11.1996 directed that the enquiry proceedings shall not be stopped, if any enquiry is in progress. Before the petition could be disposed of the petitioner was terminated from service by the respondent No. 3 vide order dated 26.6.1997. The petitioner, therefore, sought amendment in the petition as below : "Ground No. 9.--Because the impugned termination order dated 26.6.1997 passed by the Acting Principal is illegal and passed without prior approval of the DIOS. Ground No. 10.--Because the impugned termination order dated 26.6.97 was passed by the respondent No. 3 without holding any enquiry or without providing any opportunity to the petitioner. Hence the termination order is in violation of principles of natural justice and liable to be set aside." In the prayer clause, Sub-clause (c) has been added as- "(c) issue a writ order or direction in the nature of certiorari quashing the impugned termination order dated 26.6.97 passed by respondent No. 3." The petitioner thus, has challenged the order of termination on two grounds : "(A) That prior to making the termination order, approval of DIOS was not obtained. (B) That the petitioner has been terminated on the basis of an ex parte enquiry without giving him opportunity to defend himself and also denying him opportunity of hearing."
(3.) The learned Counsel appearing for the petitioner urged that the Regulation-31 of U.P. Intermediate Education Act, 1921, specifically provides for approval of the DIOS in case the employees of the recognized institution is punished with the dismissal removal, reduction in rank, stoppage of increments.;