S.R. Singh, J. - (1.) The petitioner, who was appointed Principal of R. V, M. Inter College, Shahjahanpur (in short the 'College') on 8-3-1973, was placed under suspension with effect from 12-8-1991 pursuant to a resolution passed by the committee of management in its meeting held on 10-8-1991. A charge-sheet dated 12-8-1991 containing as many as 62 charges was served on the petitioner on 27-8-1991. The sub-committee constituted for the purposes of holding disciplinary enquiry found all the charges established and accordingly it submitted its report dated 16-11-1991 vide letter dated 20-11-1991 recommending dismissal of the petitioned from service.
(2.) A copy of the enquiry report was sent to the petitioner vide letter dated 3-12-1991 and he was called upon to appear before the Committee of Management on 15-12-1991 with a view to have his say in the matter and peace his view point before the committee of management. The letter dated 3-12-1991 was received by the petitioner on 3-12-1991 itself as stated in para 19 of the writ petition or at least on 9-12-1991 as stated in the letter dated 13-12.-1991 annexed as Annexure-9 to the writ petition. The petitioner, however, did not appear before the committee of management on the date fixed and the committee of management unanimously resolved, in its meeting held on 15-12-1991, to dismiss the petitioner from service.
(3.) The resolution together with the relevant papers were then sent to the U.P. Secondary Education Services Commission for their approval under Section 21 of the U. P Secondary Education Services Commission Act, 1982. A show-cause notice dated 16-6-1892 was issued to the petitioner by the Secondary Education Services Commission. The petitioner submitted his reply on 15-7-1992. Thereafter the matter was heard on 24th and 25th August, 1992, by a single member sub-committee constituted by the Commission for the purposes of preliminary review of the matter. Thereafter an affidavit dated 11-9-1992 was also filed in support of his case by the petitioner before the sub-committee on 29-9-1992. The subcommittee constituted for the purposes of preliminary review of the matter came to the conclusion, upon consideration of the facts and circumstances of the case, that the charges other than charge Nos. 10, 14, 15, 17,19, 20, 23, 28, 29, 30 and 31 were well established and the petitioner was liable to be dismissed from service, inter alia, on the ground of insubordination, deliberate neglect to and dereliction of duty, administrative and educational insufficiency, financial irregularities, defalcation of funds and disobedience of departmental orders. The sub-committee accordingly recommended, vide, letter dated 17-3-1993, for approval of the resolution dated 15-12-1991 of the committee of management. The said recommendation was approved by the Secondary Education Service Commission in their meeting held on 18-2-1993. The Secretary to the Commission communicated the aforesaid decision to the District Inspector of Schools dated 22-2-1993 (Annexure-16 to the writ petition), and it is the decision so communicated to the District Inspector of Schools, Shahjahahpur which is sought to be quashed in this, writ petition.;