R.K. Agrawal, J. - (1.) The petitioner, Man Singh Verma, has approached this Court by filing this petition under Article 226 of the Constitution of India seeking a writ, order or direction in the nature of certiorari quashing the order dated 9.6.1999 passed by the U.P. Secondary Education Service Board (hereinafter referred to as the Board), respondent No. 1, contained in annexure 20 to the writ petition.
(2.) Briefly stated facts give rise to the present petition are that Gandhi Higher Secondary School (hereinafter referred to as the College) Ambehta Peer, Saharanpur, is a recognised School and is governed by the provisions of U.P. Intermediate Education Act, 1921 and the regulations framed thereunder. The U.P. Secondary Education Service Commission (hereinafter referred to as the Commission) selected the petitioner for the post of Principal in the said College, where he joined on 4.1.1985. The Committee of Management of the College placed the petitioner under suspension on 4.2.1997. According to the petitioner the suspension was revoked by the District Inspector of Schools, Saharanpur vide order dated 1.3.1997. The Committee of Management served a charge sheet upon the petitioner on 14.2.1997 to which the petitioner submitted his reply on 28.2.1997. According to the petitioner, instead of proceedings in the enquiry, the Committee of Management placed the petitioner again under suspension on 27.3.1997. This time, the District Inspector of Schools had granted approval to the suspension of the petitioner vide order dated 5.4.1997 as there was some complaint regarding non-service of the charge sheet upon the petitioner. It appears that the Committee of Management enclosed the copy of the charge sheet along with counter affidavit filed in Civil Misc. Writ Petition No. 12260 of 1997 and the copy of the counter affidavit was served upon the counsel for petitioner who was appearing before the Court in the aforesaid writ petition. The petitioner complained that the charge sheet which was enclosed with the counter affidavit did not contain all the annexures and the documents and vide letter dated 24.4.1997 requested the convener of the enquiry committee to supply the copy of the charge sheet whereupon on 1.5.1997, the petitioner received the charge sheet through registered post. This time also, the petitioner was not supplied the documents relied upon by the enquiry committee. It appears that for one reason or the other, the petitioner could not appear before the enquiry committee. The enquiry committee submitted its report dated 6.7.1997. The Committee of Management issued show cause notice on 11.7.1997 calling upon the petitioner to show cause as to why his services be not terminated. The petitioner submitted his reply on 17.7.1997. The Committee vide resolution dated 28.7.1997 proposed the termination of the services of the petitioner with immediate effect. It appears that the District Inspector of Schools who had earlier approved the suspension of the petitioner vide order dated 5.4.1997, revoked his earlier order on 15.5.1997, which was challenged by the Committee of Management before this Court by filing Civil Misc. Writ petition No. 19252 of 1997 in which an interim stay order was granted. In the said writ petition, this Court vide order dated 12.9.1997 directed the parties to appear before the Commission on 30.9.1997 and the matter was directed to be decided within two weeks thereafter. According to the petitioner, he appeared before the I Commission on 30.9.1997 and submitted reply. In the meanwhile, the Commission was dissolved and in its place, the U. P. Secondary Education Service Board (hereinafter referred to as the Board) was constituted. The Board issued show cause notice on 4.5.1998. The notice was accompanied by the documents running into 531 pages. The petitioner submitted his reply on.18.9.1998 and sought legible copy of 154 pages sent by the Board vide notice dated 4.5.1998. The petitioner, this time also could not appear before the Board for one reason or the other i.e. mainly because of his ill-health. According to the petitioner he remained in Jail from 7.10.1998 to 20.11.1998 and thereafter on.account of mental disease for which he received treatment from 12.12.1988 to 31.12.1998 at Government Hospital Nakur from where he was referred to District Hospital Saharanpur and thereafter to L.M.R.N. College Meerut for higher investigation and treatment. As during this period of his treatment he received.notice dated 13.12.1998 issued by the Board wherein 14.12.1998 was fixed for hearing, the petitioner sent application for adjournment along with medical certificate. The Board fixed 16.4.1999 for hearing in the matter and the notice was published in the daily newspaper Amar Ujala dated 23.3.1999. The petitioner sent applications on 22.3.1999, 18.4.1999, 13.4.199 and telegram on 14.4.1999 requesting the Board to fix another date but it appears that the Board did not accept the request for adjournment. The Board proceeded to decide the matter on merit and vide order dated 9.6.1999, the Board granted approval to the resolution of the Committee of Management in regard to termination of services of the petitioner on the basis of recommendation made by the Sub-Committee on 30.5.1999. The order dated 9.6.1999 is under challenge in this petition.
(3.) I have heard Shri V.K. Shukla learned counsel assisted by Shri Ajai Kumar Sharma on behalf of the petitioner, Shri R.P. Dubey, learned counsel for the respondent No. 1 and Shri K. Ajit learned counsel for the respondent No. 2;