- (1.) This Special Appeal has been filed against the judgment and order dated 20th February, 2002 of a learned Judge of this Court in Writ Petition No. 4347 of 1996.
(2.) The petition had been filed by the Assistant Teacher in the Primary Section of the Darul Ulum Ahela Sunnat Madarsa Ashrafia, Mishbahul Ulum, Mubarakpur, Azamgarh which is a recognised Arabi and Farsi Madarsa for quashing the order dated 21st February, 1995 passed by the Committee of Management by which his services had been.terminated. The learned Judge dismissed the petition after coming to the conclusion that the inquiry had been conducted properly and despite sufficient opportunities having been granted to the petitioner, he did not deliberately participate in the inquiry. A further finding has been recorded that since the charges were very serious in nature, the termination order was justified.
(3.) Learned Counsel for the petitioner-appellant contended that the matter relating to the termination of the services of the petitioner-appellant was required to be examined by the Inspector, Arabi Madarsa Uttar Pradesh, Allahabad under the provisions of Rule 34 of the Uttar Pradesh Ashashakiya Arabi Farsi Madarsa Rules, and, therefore, the Court should have asked the said Officer to examine the matter instead of examining the validity of the termination order.;