R.R.K. Trivedi, J. - (1.) HEARD learned Counsel for the Petitioners and Shri M. Islam, learned Counsel for the Respondents. In this petition, counter -affidavits have been filed. Both the learned Counsel have agreed that this petition may be decided finally at this stage.
(2.) THE controversy involved in this writ petition is very short. The grievance of the Petitioners is against the adverse entry awarded to them by the Manager of the institution, viz., Majidia Islamia Inter College, Allahabad. It appears that the Petitioners raised certain complaints before the higher authorities in the Education Department about the irregularities and illegalities committed in practical examination. A copy of the complaint was also sent to the Manager of the institution. Explanation was called for from the Petitioners as to why they approached the higher authorities directly and not through proper channel provided under the Rules. This show cause notice was replied by the Petitioners and it is stated in the order that the reply was very Impertinent and it also amounted to gross misconduct. On the basis of these two allegations, disciplinary proceedings appear to have been initiated by appointing a subcommittee to investigate the matter and to recommend action against the Petitioners. The Manager in the Impugned order has observed as under: I consider it essential for me also to give an entry regarding the incident in the Character Rolls (Service Book) of the Teachers. I am definitely of the opinion that the Teachers entering into direct correspondence with higher authorities is against the service rules and amounts to misconduct. The impertinent nature of the explanation accusing the Manager and the college authorities instead of giving an explanation is a greater misconduct and must be entered in their Character Rolls. The learned Counsel for the Petitioners has invited my attention to Regulations 10 and 13 of Chapter I of the Regulations framed under the U.P. Intermediate Education Act, 1921. From a reading of Regulation 10(ii), it appears that maintenance of service books and character rolls of teachers, clerk, librarian and inferior staff; making entries in their character rolls and communicating adverse entries to the person concerned is the responsibility of the Head Master or the Principal of the institution.
(3.) REGULATION 13 provides the powers, duties and functions of the committee of management and Clause (H) provides that the committee of management shall decide appeals against entries made In character rolls of employees by the Head/Manager of the institution. The adverse entries in the character rolls can be made on the basis of the assessment of the work and conduct during the year and also as a punishment awarded during the disciplinary proceedings. It cannot be denied that in the present case, Manager of the institution has given the adverse entries to the Petitioners by way of punishment and not on the basis of the assessment of the work and conduct for the year which is contemplated under Regulation 10(ii) and Regulation 13(ii).;