SUNEET KUMAR, J. - (1.) THE Rastriya Kanya Inter College, Barhalganj, District Gorakhpur is an institution governed by the provisions of the Intermediate Education Act, 1921 and the U. P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971. The Institution is being run and administered by a Society in the name and style of Rastriya Shiksha Prachar Samittee, Barhalganj, District Gorakhpur. The Institution is a duly recognized and under the grant -in -aid of the State Government. The Committee of Management was superseded several decades ago and the Institution is being managed by the Authorized Controller.
(2.) THE petitioner claims to have been appointed as a Library Peon in the Institution on 2 August 1977. The appointment of the petitioner is not in dispute though it is contended on behalf of the sixth respondent, Principal, Rastriya Kanya Inter College that the petitioner was appointed on 25 June 1975.
(3.) THE petitioner is assailing the order dated 16.6.2010 passed by the Principal terminating the service of the petitioner. The order noted that the appointment being void as the petitioner's father -in -law Ram Chhabile Srivastava was the Manager of the then Committee of Management. During the pendency of the writ petition, petitioner retired on 30 June, 2013 on attaining the age of superannuation. Submission of learned counsel for the petitioner is that the termination order is bad as the prescribed procedure under Regulations 35 to 37 of Chapter -III of the Regulations framed under the Intermediate Education Act, 1921 was not followed. The petitioner at no point of time was issued any chargesheet nor any inquiry was conducted. The petitioner's service was terminated merely on a notice to show cause. Further, it has been contended that the Principal being the competent authority, terminated the service of the petitioner merely relying on certain observations made by the Joint Director of Education, VIIth Division, Gorakhpur while deciding the representation of the Society, pursuant to an order dated 28 October 1997 of this Court passed in Rastriya Shiksha Prachar Sammittee, Barahalganj, Gorakhpur through its Secretary/Manager Harishanker Prasad Surraff vs. State of U.P. and others, (Writ Petition No.36397 of 1997). The Joint Director while deciding the representation on 4.5.2000 made certain observations regarding the appointment of the petitioner which cannot become the basis for termination of service of the petitioner.;