- (1.) This intra Court appeal is preferred challenging the correctness of order dated 04.09.2009 passed by Writ Court in Civil Misc. Writ Petition no.33015 of 2007 - Syed Yaqeen Ahmad Vs. State of U.P. & Ors. for relief of setting aside the order aforesaid.
(2.) The facts of the case in nutshell are that the petitioner having been employed in 1971 as Assistant teacher was promoted as Head Master of Primary Section on 1.7.1979. He was terminated from service vide order dated 24.02.1996 on allegation of certain charges of misconduct. Before termination of his services, the petitioner had been placed under suspension and a departmental inquiry was conducted into the charges levelled against him vide charge sheet dated 29.8.1995. The order of termination was challenged by the petitioner in Writ Petition No.4347 of 1996 which was dismissed by Writ Court vide judgment dated 20.2.2002 observing that petitioner had himself not participated in the enquiry proceeding and therefore, he cannot challenge the proceedings on the ground of violation of principle of natural justice. The judgment dated 20.2.2002 was challenged in special appeal no.375 of 2002 wherein a plea was taken by the counsel for the petitioner-appellant that under Rule 34 of U.P. Ashaskiya Arabi and Farsi Madarson Ki Manyata Niyamawali, 1987 it would be open for the Inspector Arbi Madarsa, U.P. Allahabad to examine the matter regarding procedure followed by the Management in termination of the teachers.
(3.) A perusal of record shows that it was the petitioner-appellant in this appeal as well as Special Appeal No.375 of 2002 who has advanced argument that under Rule 34 of aforesaid Rule, it would be open for the Inspector Arbi Madarsa, U.P. Allahabad to examine the matter regarding procedure followed by the Management in termination of the teachers. It was in the aforesaid backdrop, learned Single Judge in Writ Petition No.4347 of 1996, which was subject matter of Special Appeal No.375 of 2007, had directed the Inspector, Arabi Madarsa to examine the matter.;