B.N.Sapru, J. - (1.) THE petitioner, Daya Shankar Dubey, asserts that he was selected for appointment as a Head Clerk in Kamla Maheshwari Arya Kanya Mahavidyalaya, Mirzapur, under a resolution of the Selection Committee dated 13 -4 -1977 and he was given an appointment order dated 19 -4 -1977. The petitioners' further case is that the committee of Management permitted the petitioner not to join immediately and kept the appointment in abeyance and the petitioner was ultimately permitted to join on 30 -6 -1977. On 2 -9 -1980 the Secretary of the Committee of Management wrote to the Director of Higher Education informing him that the petitioner had been appointed under an appointment letter dated 19 -4 -1977 and the petitioner had joined on 30 -6 -1978. He was requested to fix the salary of the petitioner. The Director of Higher Education fixed the salary of the petitioner with effect from 1 -7 -1978.
(2.) THE petitioner was suspended on the basis of certain charges on 6 -11 -1981 and charge sheet dated 25/26 -11 -1981 was served on the petitioner. The petitioner asserts that he was not given a proper opportunity to defend himself at the enquiry which is denied by the Committee of Management. The petitioner was given a show cause notice dated 13 -4 -1982 by the Committee of Management to show -cause why his services should not be terminated. A reply to the show -cause notice was submitted by the petitioner on 16 -7 -1982. It appears that the Committee of Management decided to terminate the petitioners' services and sent a proposal as required by Statute 24.03 of the First Statute of Gorakhpur University (hereinafter to be referred to as 'the Statute') for approval. The District Inspector of Schools through his communication dated 13 -4 -1982 asked the petitioner to explain certain circumstances in connection with the appointment to which the petitioner submitted a reply dated 27 -5 -1982. Ultimately the District Inspector of Schools by an order dated 25 -7 -1982 disapproved the proposed termination of the petitioners' services.
(3.) THE Committee of Management preferred an appeal to the Regional Deputy Director of Education under Statute 24.03. The Regional Deputy Director of Education made certain queries from the petitioner and by order dated 30 -10 -1982 allowed the appeal of the Committee of Management and remanded the matter to the District Inspector of Schools to decide it afresh.;