Sudhir Agarwal, J. - (1.) HEARD Sri Ankush Tandon, Counsel for the petitioner, learned Standing Counsel representing respondent Nos. 1 and 3 and Sri Rahul Jain who has put in appearance on behalf of respondent No. 4 i.e. Committee of Management. The petitioner Sri Syed Yaqeen Ahmad was employed as Assistant Teacher at Darul -Ulum -Ahela, Sunnat Madarsa Asarfia Mishbahul Ulum, Mubarakpur, District Azamgarh.
(2.) THE terms and conditions of service of the staff of the school are governed by Uttar Pradesh Ashaskiya Arabi and Farsi Madarson Ki Manyata Niyamawali (non -statutory) (hereinafter referred to as 'the Rules'). The petitioner was appointed in 1971 as Assistant Teacher and promoted as Head Master of the Primary Section w.e.f. 1.7.1979. There were certain allegations of misconduct against the petitioner for which he was placed under suspension by the Committee of Management on 3.2.1993. A charge -sheet was issued to the petitioner on 29.8.1995. There are certain other events which are not necessary for the purpose of the present case, and therefore, can be skipped. A charge -sheet was issued to the petitioner on 29.8.1995 and after enquiry he was terminated by order dated 24.2.1996 (in the writ petition on page 34, the date of the order has wrongly been mentioned as 24.2.1995, though at page 31 the date is mentioned as 24.2.1996 and the learned Counsel for the parties agreed that the correct date of termination is 24.2.1996).
(3.) CHALLENGING the aforesaid order of termination, the petitioner filed Writ Petition No. 4347 of 1996 which was dismissed by Hon'ble Single Judge vide judgment dated 20.2.2002 observing that the petitioner himself decided not to participate in the enquiry proceedings hence cannot be permitted to challenge the proceedings on the ground that he was not given opportunity of defence. The matter was taken in Special Appeal No. 375 of 2002 and it was contended by the learned Counsel for the petitioner -appellant therein that under Rule 34 of the above mentioned rules, it would be open to the Inspector Arabi Madarsa, U.P., Allahabad to examine the matter regarding the procedure followed by the Management in terminating the teachers, therefore, the Hon'ble Single Judge instead of himself recording a finding ought to have directed the Inspector to examine this matter.;