Brijesh Kumar, J. - (1.) This special appeal has been preferred against the judgment and order passed by the learned single Judge, dated 27.10.1993 in Writ Petition No. 863 of 1991. The appellant, by means of the above noted writ petition, had challenged the order of his removal from service. The writ petition failed.
(2.) The appellant was appointed as librarian in the Triloknath Postgraduate College, Tanda, Faizabad in 1977. On account of some charges of misconduct, the appellant was suspended in January, 1988. Charge-sheet was served and enquiry was entrusted to an enquiry committee who submitted its report on September 9, 1988. The Committee of Management by means of a resolution dated 11.6.1989, while accepting the enquiry report, resolved to terminate the services of the appellant and referred the matter to the D.I.O.S. for approval. The D.I.O.S accorded approval to the resolution. The removal order was issued on 5.1.1991 and communicated to the petitioner by letter dated 21.1.1991. The appellant challenged the order on the ground that adequate opportunity of hearing was not provided to him during the enquiry and the relevant documents were also not furnished. The report of the enquiry committee was not supplied to the appellant by the Committee of Management. Yet another ground of challenge is that the enquiry proceedings are vitiated due to participation of the opposite party No. 5, the Principal as Member of the enquiry committee, who according to the appellant, is biased against him.
(3.) According to the opposite parties, the appellant was shown the entire record relating to disciplinary proceedings including the report of the enquiry committee, hence the petitioner was afforded adequate opportunity. So far as the inclusion of the Principal as a Member of the Enquiry Committee is concerned, the case of opposite parties is that he had to be included as of necessity under the provisions of the Statute and in fact too there was no bias against the appellant. It is also submitted that the scope of interference in Special Appeals is limited.;