- (1.) The petitioner who was a lecturer in the Sri Krishna Dutt Degree College, Jaunpur was appointed on 2-10- 1972 to officiate as Principal in the leave vacancy of one Dr. Akhilesh Chandra Upadhyaya. Dr. Akhilesh Chandra Upadhyaya returned from leave on 11-3-1975 on or about which date the Management of the institution sought to revert the petitioner to his substantive position as a lecturer. Aggrieved by this action the petitioner appreached this Court by way of a Writ Petition No. 3625 of 1975 which was admitted on 2-4-1975 and an interim order was also passed restraining the respondents Nos. 2 to 4 of that Petition from interfering with the functioning of the petitioner as Principal till further order. With certain modifications with regard to the payment of salary of the petitioner during the pendency of the petition, the interim order dated 2-4-1975 was vacated by this Court on 19-6-1975. Subsequently by an interim order dated 5-9-1975 passed at the instance of the petitioner another interim order was made by this Court on 5-9-1975 to the following effect : "Respondents are granted 10 days' time to file reply to this application. Meanwhile the respondents will not take any further action against the petitioner." Sd. K. N. S. 5-9-1975" This petition was eventually allowed by a learned single Judge by an order dated 19-9-1975. The order reverting the petititioner was quashed. Against this decision a Special Appeal was filed by the Management, which was allowed by an order dated 12th Nov. 1975. The order passed by the learned single Judge was set aside and the writ petition filed by the petitioner was dismissed. The finding returned by the Division Bench was that in consequence of Dr. Akhilesh Chandra Upadhyaya's rejoining as Principal on 11-3-1975 the petitioner stood automatically reverted to the status of a teacher.
(2.) Meanwhile, it appears that Management received complaints against the petitioner of large scale misappropriation of the college funds. It was said that the fees collected by the petitioner1 as officiating Principal of the College were not deposited by him and were retained with him dishonestly. Certain other dues were also said to have been misappropriated by the petitioner. As a result, a first information report was lodged by the Management against the petitioner on 13-7-1975. On 23-7-1975 the petitioner was suspended. Thereafter according to the respondent (Management), a charge-sheet was sent to the petitioner containing these allegations of misappropriation through College Peon on 5-8-1975 which the petitioner refused to accept. The Management then published a notice in a local newspaper of 12th August 1975 notifying (hat the College proposes to take disciplinary action against the petitioner in regard to which a show cause notice had already been sent to the petitioner through peon of the College as well as by a registered post both of which the petitioner refused to accept. Consequently by means of that notice the petitioner was being given yet another opportunity to show cause within five days failing which the Management will presume that the charges framed against the petitioner were correct and consequential action will be taken against him. It is further asserted on behalf of the respondent (Management) by the Manager in the counter affidavit filed on its behalf that yet another opportunity was given to the petitioner on 28th August, 1975 calling upon the petitioner to show cause. The petitioner again failed to avail himself of that opportunity. The Management then considered the charges and by a resolution dated 31st Aug. 1975 terminated the services of the petitioner, a copy of which was sent both to the Vice Chancellor of the Gorakhpur University to which the respondent-institution is affiliated as well as to the petitioner. By an order dated 11-12-1975 the Vice- Chancellor to whom the resolution of termination was sent for approval accorded his approval which was communicated to the petitioner on 13-12-1975.
(3.) The petitioner challenges the legality of the resolution dated 31st August, 1975 passed by the Management as well as the order of the Vice-Chancellor granting approval to the said resolution on a variety of grounds. We will take up these grounds one by one.;