R. R. K. Trived, J. - (1.) THIS writ petition has been filed challenging order dated 18-7-1984 passed by District Inspector of Schools, respondent no. 3 (hereinafter referred to as D.I O.S.) rejecting the representation of petitioner arising out of order dated 11-12-1978 passed by principal of Shri Shankar Ji Inter College, Katwa Gahji, district Azamgarh (hereinafter referred to as the College) terminating petitioner from service and order dated 21-4-1978 passed by the Committee of Management in appeal filed by petitioner.
(2.) THE facts, in brief, giving rise to the aforesaid dispute are that petitioner was appointed as lab assistant in the College on 1-2-1973. On 8-11-1977 a show cause notice was served on him as to why legal action may not be taken against him. THE notice was replied by petitioner. However, it followed by a charge sheet dated 20-12-1977 which has been filed as Annexure III to the writ petition. Eight charges were levelled against petitioner in the aforesaid charge sheet. By order dated 11-2-1978 principal terminated him from service. This order is Annexure VII to the writ petition. It has been observed in the order that petitioner failed to adduce- evidence in his defence in spite of opportunities given. On 23-1-1978 he was given the last opportunity. However, instead of adducing evidence, the petitioner submitted a letter making irrelevant allegations and he also said in the letter that he does not want to say anything in writing or orally. Against this order petitioner filed an appeal which was dismissed by the Committee of Management on 21-4-1978. THE order is Annexure VIII to the, writ petition. Aggrieved by the aforesaid two orders, petitioner filed a representation before the D.I.O.S. under Regulation 21 of Chapter III framed under the U. P. Intermediate Education Act, 1921. THE representation has been dismissed by the D.I.O.S. on 18-7-1984. THE order is Annexure IX to the writ petition. Aggrieved by the aforesaid three orders, this writ petition has been filed. I have heard Shri A. N. Bhargava, learned counsel for petitioner, and Shri R. N. Singh, learned counsel for respondents nos. 1 and 2 and learned standing counsel appearing for respondents nos 3 and 4. Shri Bhargava has submitted that petitioner has been illegally terminated from service in violation of principles of natural justice. He has not been afforded opportunity to adduce evidence. Before the D.I.O.S. he prayed for opportunity to cross-examine the principal but he was denied the same as he was required to give an undertaking not to put any question unconnected with the case. Shri Bhargava has placed reliance on the order dated 22-2-1980 filed as Annexure V to the writ petition. It has also been pointed out that the D.I.O.S. illegally deputed Assistant District Inspector of Schools for a local inspection who submitted a report on 25th August, 1979 behind the back of petitioner. A true copy of this report was never served on the petitioner nor was he given any opportunity to have his say in respect of the same. The report has been relied on by the D.I.O.S. while rejecting the representation of petitioner. It has also been submitted that D.I.O.S. without applying his mind to the facts of the case has confirmed the charges without discussing evidence and without appreciating the nature of the allegations made against petitioner. Sri Bhargava has relied on a judgment of this Court, Shankar Saran v. Besali Inter College, Azamgarh, 1991 UP LB EC 467.
(3.) SHRI R. N. Singh, learned counsel for respondents, on the other hand, has submitted that the report dated 25-8-1979 of the Assistant District Inspector of Schools can be ignored as irrelevant material on record. SHRI Singh has submitted that satisfaction of the D.I.O.S. .is objective and not subjective, hence even if the irrelevant material has been referred to in the order, it can be ignored if the order can be sustained validly on the basis of the relevant material on record. SHRI R. N. Singh has relied on cases : Zora Singh v. J. M. Tandon, AIR 1971 SC 1537 and Swarana Singh v. State of Punjab, AIR 1976 SC 232. It has been further submitted by SHRI Singh that the orders passed by the three authorities are concluded by findings of fact and there is no ground for interference by this Court. I have thoroughly considered the rival contentions advanced by learned counsel for parties and I have also perused the orders impugned in the present writ petition. It cannot be denied that D.I.O.S. obtained a report through Assistant D.I.O.S. which has been referred to and used extensively for passing the impugned order dated 18-7-1984 dismissing the representation of the petitioner (mentioned as appeal). This report running over 13 pages was prepared after making an enquiry in the college on each point raised in appeal. Statements in writing were obtained from the concerned teachers and Class III and IV employees of the college. This report concluded by saying that from perusal of the papers and from local inspection the conclusion arrived at is that the charges levelled against petitioner are true and have been proved and his appeal can be dismissed. For better appreciation the relevant portion from the impugned order dealing with his report is being extracted below ; "Zila Vidyalaya nirikshak, Sri Pancham Lal ke adesh par Sri Ramadhar Tewari, Saha Zila Vidyalaya nirikshak ne sthalia bistrit janch karke aapnee report dinank 25-8-79 ko Zila Vidyalaya nirikshak ke abalokanarth prastut kiya. Sri Tewari ne aapnee report me aapeal ke pratyek bindu par janch kiya tatha Vidyalaya ke sambandhit sabhi adhyapakou, tritiya abang chaturth shranee karmachariyon se likhit jankaree prapta kee tatha terah pannoe ke bistrit-report prastut kiya. Unhone aapnee aakhya ke nishkarsh me likha hai kee astu patrabali me lage huye salehee Kagajanto ke abalokan se tatha sthaniya janch ke phaiswarup main isi nishkarsn par panhucha hun kee Sri Singh par lagaye gaye sabhee aarop sidgh abang satya hain. Ata aapeal aswekar kee ja sakti hai". ;