- (1.) THE controverty arising in this petition is simple and, therefore, we rush up through the relevant facts.
(2.) THE petitioner, who was appointed as lecturer in Economics by a letter dated 12-7-1968, seeks quashing of impugned order dated 10-8-1984 Annexure "17" to the writ petition) passed by the Tribunal of arbitration under Section 36 of the Uttar Pradesh State Universities Act, 1973 (for short, 'the Act' ). The petitioner was served with a charge-sheet dated 20-1-1975. Thereafter an enquiry was conducted against the petitioner and the Vice-Chancellor eventually accorded approval for terminating the services of the petitioner oil 16-2-1977. Then the Committee of Management passed a resolution dated 21-2- 1977 to terminated the services of the petitioner. Aggrieved, the petitioner made a representation to the Vice-Chancellor, which was rejected on 6-7- 1978. The petitioner then filed a writ petition No. 8292 of 1978 in this Court. By an order dated 14-7- 1983 (Annexure "9" to the writ petition), this Court disposed of the writ peti tion observing that the petitioner could raise the dispute under Section 36 of the Act before the Tribunal of Arbitration.
(3.) THEREAFTER in view of Section 36 of the Act the Tribunal of Arbitration was constituted comprising of three members-one being the nominee of the petitioner, the other being the nominee of the Committee of Management and third being the nominee of the Vice-Chancellor. The Tribunal of Arbitration was constituted on 27-1-1984 and its first meeting was scheduled to be held on 11-3-1984. The petitioner addressed a letter to the Vice-Chancellor dated 9-3-1984) (Annexure "11" to the writ petition) stating that one Sri B. B. Lal, who was working in place of the petitioner, was married to the daughter of Sri B. K. Khare-the nominee of the Committee' of Management, and, therefore, he had no hope of justice from him and that the Committee of Management be asked to replace the said nominee by someone else. With out taking cognizance of such protest of the petitioner, the Tribunal passed the impugned order dated 10-8-1984 (Annexure "17" to the writ petition ). The said order shows that whereas Sri B. K. Khari-the nominee of the Committee of Management and the convener-the nominee of the Vice-Chancellor-decided against the petitioner, the nominee of the petitioner accepted the petitioner's case.;