Vijay Bahuguna, J. - (1.) THE petitioner an Assistant Teacher in Shri Nehru Inter College Rasdhan, Kanpur was suspended by an order of the Manager dated 13-8-1976. THE grounds for suspension were that he was neligent towards performance of his duties and in spite of letter dated 22nd July, 1976 calling upon him or has wife to got operated and submit a certificate of vasectomy, the petitioner did not get himself or his wife operated. THE further charge was that he was instigating others in the college not to go for vasectomy operation at the insistence of the management and that he had come late in the school on seven different dates and had links with R.S.S.
(2.) THE petitioner submitted his explanation on 2-10-1976 denying the charges as being wholly false and malafide. THE petitioner contends that he was never informed of the dates when the enquiry was to be held against him and by an ex parte enquiry he was dismissed from service by an order dated 19-2-1977 and the order was confirmed by the District Inspector of Schools by his order dated 19-2-1980. On a perusal of the charges this Court is of the opinion that the petitioner was suspended on irrelevant and extraneous considerations and the same could not from the basis of dismissing him from service. Moreover, there has been a total breach of the principles of natural justice as the petitioner was not afforded any opportunity to defend himself during the enquiry. The order of dismissal dated 17-2-1977 and the order of approval dated 19-2-1980 are quashed. The petitioner will be deemed to have continued in service till he attains the ege of superannuation and he shall be entitled to continuity of service and other incidental benefits which would have accrued to him. The respondents are directed to comply with the judgment of this Court in letter and spirit and grant consequential reliefs to the petitioner within a period of six months from the date a certified copy of this order is served upon them. The Writ Petition is allowed with a special cost of Rs. 5,000/- payable by the State inasmuch as the order of the District Inspector of Schools granting approval to the dismissal order dated 19-2-1977 was wholly illegal and arbitrary and the petitioner has suffered for the last 17 years. Petition allowed.;