Suneet Kumar, J. - (1.) Heard learned counsel for the parties.
(2.) Petitioner was granted compassionate appointment as Assistant Teacher in a Primary School on 30 December 1991, pursuant thereof, petitioner joined the post on 1 January 1992. During the course of employment petitioner underwent BTC Training Course-2003, consequently, was promoted as Science Teacher in Junior High School, Wajidpur Baraut, on 6 September 2004. Thereafter, on completion of ten years of regular service, petitioner was granted selection grade on 28 October 2014. On a complaint, disciplinary proceeding was initiated against the petitioner by issuing charge-sheet dated 16 February 2016 by the Block Education Officer, Baraut. Four charges were levelled against the petitioner which briefly is as follows: (i). that petitioner obtained compassionate appointment despite both parents were working as teachers; (ii). that at the time of death of his mother, father of the petitioner was gainfully employed in government service; (iii). that without obtaining leave/permission from the institution/authority petitioner enhanced his educational qualification; (iv). that petitioner did not submit reply to the show cause against an alleged false complaint lodged by him, thus, he tarnished the image of the officer/authority of the department by making false complaint; (v). that petitioner is not performing his duty and teaching work satisfactorily, which therefore, has adversely affected the educational work and output of the students. Further, petitioner failed to comply with the directions issued by the authorities from time to time.
(3.) Pursuant to the enquiry, the impugned order dated 2 March 2016 came to be passed by the District Basic Education Officer, Baghpat, whereby, the service of the petitioner has been terminated. It is noted in the impugned order that the Enquiry Officer/Block Education Officer, Baraut, vide communication dated 16 February 2016 issued the charge-sheet. Petitioner did not co-operate in the enquiry nor rendered assistance during the enquiry, though he submitted reply to the charge-sheet but was not found satisfactory, therefore, was not accepted by the Enquiry Officer. The Enquiry Officer vide communication dated 2 March 2016 submitted the enquiry report to the Basic Education Officer and on the findings recorded in the enquiry report, the impugned termination order has been passed.;