- (1.) D. S. Sinha, J. Heard Sri Dhruva Narayana, Sri V. K. Upadhyaya and Sri H. R. Misra Standing Counsel of the State of Uttar Pradesh, appearing for the parties, at length and in detail.
(2.) UNDISPUTED material facts giving rise to the controversy involved in these two petitions are these- Bhanu Pratap Singh was directly recruited as Headmaster of Maharshi Balmiki Junior High School, Allahabad on 1st September, 196?. The institution was upgraded as High School and Sri Singh was selected and appointed as Headmaster of the High School in the year 1967. On 20th April, 1974 Sri Singh was placed under suspension pending disciplinary inquiry on 33 charges against him. On submission of the report of the Inquiry Officer, holding Sri Singh guilty of charges, the Committee of Management of the institution passed a resolution dated llth July, 1974 proposing punishment of dismissal of Sri Singh aid sent the proposal to the District Inspector of Schools, Allahabad for his approval, required under sub section (3) of Section 16-G of the U. P. Intermediate Education Act, 1921, hereinafter called the Act. In exercise of his powers under clause (b) of sub-section (3) of Sec tion 16-G of the Act, the District Inspector of Schools considered the proposal of the Committee of Management regardIng dismissal of Sri SIngh and came to the conclusion that out of 33 charges levelled agaInst him, six wore proved fully and fifteen were proved partially ; and that on the totality of facts and circumstances of the case neither the charges which were fully proves nor those which were partially proved were so serious, either Individually or collectively, as to warrant the penalty of dismissal. On these conclusions, the District Inspector of Schools disapproved the proposal of punishment of dismissal. However, the District Inspector of Schools awarded to Sri SIngh the punish ment of reduction In rank by means of his order and judgment dated 1m May, 1981, and directed that Sri SIngh would be treated as Assistant Teacher In L. T. grade with effect from the date of suspension. Sri Singh as well as the Committee of Management of the Institution felt aggrieved by the order of the District Inspector of Schools. Both of them, therefore, preferred an appeal before the Regional Deputy Director of Educa tion IV Region, Allahabad, under clause (c) of sub-section (3) of Section 16-G of the Act. The appeal of the Committee of Management of the institution was preferred on 22nd of May, 1981 and the appeal of Sri Singh was preferred on 28th May, 1981.
(3.) WHILE agreeing with the order and judgment of the District Inspector of Schools generally, the Deputy Director of Education specifically found, as a matter of fact, that the disciplinary inquiry against Sri Singh was absolutely in conformity with the provisions of Section 16-G of the Act and of the Regulations made thereunder ; and that charges of inefficiency in administra tion, unsatisfactory work and conduct, lack of interest in co curricular activities, doubtful integrity, insubordination towards the Committee of Management and of not discharging his responsibility properly were proved, but he opined that the charges of gross-insubordination, gross-misconduct, dishonesty, corruption or moral turpitude were not proved. He further opined that on account of administrative inefficiency, unsatisfactory work and conduct and doubtful integrity Sri Singh was liable to be punished by reduction in rank under sub- regulation (3) of Regulation 32 of Chapter III of the Regulations made under Section 16-G of the Act, hereinafter called the Regulations. He, therefore, dismissed the appealls of Sri Singh and the Committee of Manage ment by his common order and judgment dated 6th July, 1982 and confirmed the punishment of reduction of Sri Singh from the rank of Headmaster to the rank of Assistant Teacher in L. T. grade. These two writ petitions, under consideration, are directed against the above two orders an J judgments dated 1st May, 1981 and 6th July, 1982 passed by the District Inspector of Schools and the Regional Deputy Director of Education, IV Region, Allahabad, respectively.;