SURESH CHANDRA VERMA Vs. VICE

JUDGEMENT

(1.) This is a petition under Art. 226 of the Constitution.

(2.) The petitioner was a Geography Teacher in the dayanand Brijendra Degree College. Dehradun. He entered the service of the College on July 13, 1963, and. according to the petitioner, was confirmed in that post with effect from July 13, 1965, after the expiry of the probationary period of two years. It appears that the relations of the petitioner with the Principal of the College have not been happy from the very beginning. The petitioner was served with several charge-sheets containing the charges of inefficiency. carelessness and insubordination. On June 17, 1967, the petitioner was suspended and was served with a charge-sheet Annexure 'A-II' to the writ petition. The petitioner submitted a reply (Annexure 'D') on July 28. 1967. According to the counter affidavit of the Principal of the College, the petitioner was found guilty of some other charges and therefore a consolidated charge-sheet dated Oct. 31, 1967 was served upon him. The petitioner submitted reply to this charge-sheet on Nov. 15, 1967, The Board of Management of the College appears to have appointed a Sub-Committee on Dec. 16, 1967, The Sub-Committee submitted its report and on June 16, 1968, the Board of Management passed a resolution terminating the services of the petitioner with immediate effect. This resolution was forwarded to the Vice-Chancellor, who granted his approval to the resolution of the Board of Management and finally' an order terminating the petitioner's services was passed on Aug. 21, 1968 which is Annexure 'N' to the writ petition.

(3.) The petitioner has challenged in this petition the resolution of the Board of Management dated June 16, 1968 and the final order terminating his services dated Aug. 21, 1968. The main contention of Sri S.N. Kacker, learned counsel for the petitioner, is that the Board of Management has acted in contravention of Statute 30 of Chanter XVIII of the Agra University Hand Book. It may be mentioned here that the college is governed by the Statutes and the Ordinances of the Agra University.