O.P. Garg, J. - (1.) By means of this writ petition, under Article 226 of the Constitution of India, it is prayed that the order dated July 4, 1994 passed by the respondent No. 1 Committee of Management, Madarsa Hanfia Able Sunnat Bahrul Uloom, Mau Nath Bhanjan, District Mau be quashed and the respondents be commanded to pay full salary to the petitioner w.e.f, July, 1993 along with all consequential benefits.
(2.) The facts leading to the present petition are that there is an institution, namely, Madarsa Hanfia Ante Sunnat Bahrul Uloom, at Mau Nath Bhanjan, Mau. The said institution is in the list of grants-in-aid of the State Government and imparts education from Tehtantia to Alia, i.e., Primary to B.A. The teachers and other employees of the institution are being paid salary through the State fund. The petitioner, Shamshad Ahmad, was initially appointed on March 1, 1980 as an Assistant Teacher in Tehtantia. On March 1,1986, he was promoted to the post of Assistant Teacher, Alia. He had worked up to June, 1993 on the said post and had been paid salary till that period. On April 3, 1993, the petitioner was suspended by the Committee of Management - Respondent No. 1 as a disciplinary enquiry was contemplated against him. A charge sheet, dated September 16, 1993 (Annexure 12) was served on the petitioner, who submitted his reply dated October 11, 1993, Annexure 13. An additional charge sheet dated February 19, 1994, Annexure 14 was also served on the petitioner and due reply was also given by the petitioner to the said supplementary charge-sheet. Since the petitioner had some grievance about the conduct of enquiry and the manner in which it was proceeding, he had to institute Civil Misc. Writ No.7705 of 1994 before this Court, wherein certain directions were issued. The Committee of Enquiry, which consisted of S/Sri Mohd. Muslim and Akhtar Hasan submitted report on May 28, 1994 (Annexure 21). The Committee of Management - Respondent No. 1 after taking into consideration the report of enquiry adopted a resolution on July 4, 1994 (Annexure 20) to terminate/remove the petitioner from service. It is this order of termination/removal from service, which has been challenged in the present writ petition on various grounds, including that the enquiry has not been conducted fairly and impartially and since it is tainted, the report of enquiry is liable to be set aside and that the copy of enquiry report was never supplied to the petitioner and, therefore, the order dated July 4, 1994 removing/terminating him from service is vitiated.
(3.) Counter and rejoinder affidavits have been exchanged in the present case and, therefore, with the consent of learned counsel for both the parties, the writ petition is being disposed of finally at the admission stage.;