- (1.) Heard Sri Rahul Jain, learned counsel for the petitioner, Sri A.K. Yadav, learned counsel appearing for the Commission and Sri Ashok Khare, Senior Advocate, for the Committee of Management.
(2.) By this writ petition, the petitioner has prayed for quashing the order dated 29th January, 1988 passed by the U.P. Secondary Education Service Commission (hereinafter referred to as the Commission) communicated by letter dated 1st February, 1988 granting approval to dismissal of the petitioner as contemplated under Section 21 of the U.P. Secondary Education Services Selection Board Act, 1982.
(3.) The petitioner was working as Headmaster of a High School. Disciplinary proceedings were initiated against him by the Committee of Management. The petitioner was placed under suspension on 7th July, 1984. After the suspension Inquiry Committee was constituted to conduct disciplinary inquiry against the petitioner. The charges were framed and the charge-sheet was tendered to the petitioner which was not accepted. Thereafter the same was pasted on the door. The charge-sheet was also sent by registered letter, which returned with the endorsement "refused" of the postal authority. The petitioner having not participated before the Inquiry Committee, the report was submitted by the Inquiry Committee on 24th August, 1984. The disciplinary authority issued a show cause notice on 25th August, 1984 asking the petitioner to appear before the disciplinary authority on 2.9.1984. The said notice was also published in the newspaper "Dainik Jagran" on 29th August, 1984. The petitioner did not appear before the disciplinary authority and the disciplinary authority passed a resolution on 2.9.1984 resolving to dismiss the petitioner from service. The resolution of the Committee of Management for dismissal was forwarded by the District Inspector of Schools to the Commission. The Commission heard the matter and by the impugned order has accorded its approval to the resolution of the Committee of Management.;