Sunil Ambwani, J. - (1.) Heard Sri R. N. Singh, senior advocate, assisted by Sri G. K. Singh for petitioner, and Sri V. K. Singh for committee of management, Sri Shiv Pratap Singh, Inter College, Pawai Kalan, district Muzaffarnagar, respondent No. 3 in the writ petition as well as learned standing counsel.
(2.) Brief facts giving rise to this writ petition are as follows : Petitioner was initially appointed as J.T.C. grade teacher on 21.7.1964 and thereafter as C.T. grade teacher in I9G9. He was appointed in L.T. grade with effect from 1.9.1975 and thereafter confirmed with effect from 31.8.1974. His appointment as L.T. grade teacher was made as direct recruitment after advertisement and through a selection committee. It was approved by District Inspector of Schools, Mirzapur on 28.8.1973.
(3.) Petitioner was suspended on 1.4.1980. The charge-sheet dated 5.4.1980, charged petitioner with appearing in the examination of Acharya in 1971 as institutional student of Adarsh Sri Shiv Prasad Sanskrit Mahavidyalaya, Mirzapur, without taking permission of the committee of management. Charge No. 2 levelled imputation of successfully appearing in Vishistha Shastri Examination as institutional student in 1972, in which the examination took place on 6.5.1972 upto 3.00 p.m. at Varanasi whereas petitioner was shown to be present in the School at Mirzapur upto 11.30 a.m. Charge No. 3 relates abetting in cheating in the Board examination on 5.4.1977 and failing to invigilate properly in the examination. Charge Nos. 4, 5 and 6 were with regard to coming late in the institution, failing to adhere to the time table of the school and for admitting students against the orders of Principal and without obtaining transfer certificate, such as admission of Jai Kumar Dev in Class X-C on 20.8.1976. Petitioner submitted his reply denying the charges. So far as first two charges are concerned, it was pleaded that petitioner had taken permission for appearing in the aforesaid examinations and that it is not impossible to reach Varanasi between 11.30 a.m. to 3.00 p.m. So far charge No. 3 with regard to cheating, after denying the charge, it was stated by petitioner that son of the Principal was appearing in the examination. Petitioner refused to oblige and to permit him to cheat in examinations and an explanation was required from petitioner on which he submitted a reply. The Principal persuaded him that in case truth is discovered, the examination Centre will be cancelled and thus in the interest of the school and having due regard to the Principal, petitioner wrote a letter in the same manner as it was dictated to him by the Principal. Charge Nos. 4 and 5 was also denied and it was stated that petitioner is punctual and has taken classes according to time table. With regard to charge No. 6, it was explained by petitioner that only one student Jai Kumar Dev was admitted by him with due permission and direction of the Principal and since the admission form was not available, the application was taken on plain paper.;