R.B.Misra, J. - (1.) Heard Sri D. K. Srivastava, learned Counsel for the petitioner and Sri S.S. Sharma, learned Standing Counsel for the State respondent.
(2.) In this petition the order dated 1.6.1990 dismissing the service of the petitioner by the Principal, Sri Singheshwari Inter College, Tetri Bazar, Siddharthanagar has been challenged.
(3.) Petitioner was given a charge sheet for unauthorized absence and for coming late several days and for irregularities and disobedience. The principal of the college served a notice to the petitioner and after obtaining his explanation the dismissal order dated 1.6.1990 was passed. According to the petitioner his services were if at all could only be terminated on the basis of disciplinary enquiry conducting under Regulation 35 of Chapter III of the U.P. Intermediate Education Act, 1921 (in short called 'Act'), which was brought on 10.3.1975 by notification No. 7/562-V-8 dated 10.3.1975, according to which for the serious complaints and allegations the Principal of the college was to appoint a senior most teacher as an Inquiry Officer. Regulation 35 of'Act' reads as below: - "35. On receipt of adverse report regarding complaint or charges of serious nature, the Committee shall appoint the Principal or Headmaster as Enquiry Officer in respect of teachers and other employees (or Manager himself would enquire into if he has been delegated with the rights under the rules by Committee) and in case of Principal or Head Master a small sub-committee be appointed which will have instructions to present the report as soon as possible. In respect of Fourth class employees Principal/Headmaster may appoint a senior teacher as Enquiry Officer." Regulation 36 of 'Act' reads as below: - "36. (1) The grounds on which it is proposed to take action shall be reduced in the form of a definite charge or charges which shall be communicated to the employee charged and which shall be so clear and precise as to give sufficient indication to the charged employee of the facts and circumstances against him. He shall be required within three weeks of the receipt of the charge-sheet to put in a written statement of his defence and to state whether he desired to be heard in person. If he or the inquiring authority so desires, an oral enquiry shall be held in respect of such of the allegations as are not admitted. At that enquiry such oral evidence will be heard as that inquiring authority considers necessary. The person charged shall be entitled to cross-examine the witnesses, to give evidence in person, and to have such witnesses called as he may wish; provided that the enquiring authority conducting the enquiry may for sufficient reasons to be recorded in writing, refuse to call a witness. The proceedings shall contain a sufficient record of the evidence and statement of the findings and the grounds thereof. The inquiring authority conducting the enquiry may also, separately from these proceedings, make his own recommendation regarding the punishment to be imposed on the employee. (2) Clause (1) shall not apply where the person concerned has absconded, or where it is for other reasons impracticable to communicate with him. (3) All or any of the provisions of clause (1) may for sufficient reasons to be recorded in writing be waived where there is difficulty in observing exactly the requirements thereof and those requirements can in the opinion of the inquiring authority be waived without injustice to the person charged.";