Manoj Kumar Gupta, J. - (1.) Heard Sri H.P. Sahi for the petitioner, learned standing counsel for respondent Nos. 1 & 2, Sri J.P. Singh assisted by Sri Fahim Ahmad for respondent Nos. 3 & 5. Sri R.P. Singh, who has filed counter affidavit on behalf of respondent No. 4 is not present, even in revised call.
(2.) The petitioner was Principal of Shibli National Inter College, Azamgarh, an Institution having due recognition under the U.P. Intermediate Education Act, 1921. It is a minority institution. The petitioner has assailed the resolution of the Committee of Management of the Institution dated 13.6.2005 resolving to dismiss him from service and the communication of the said decision to the petitioner by letter dated 18.6.2005.
(3.) The disciplinary proceedings were initiated against the petitioner by serving a charge sheet dated 19.12.2004 containing as many as fifteen charges. Some of the charges are of serious nature relating to embezzlement of scholarship money and disbursement of scholarship to students not eligible for the same. The petitioner contested the proceedings by filing his reply dated 11.1.2005, in which he denied all the charges levelled against him. It was followed by issuance of a second charge sheet dated 20.1.2005 by the Sub-Committee constituted for conducting disciplinary enquiry. The petitioner submitted his reply on 4.2.2005 and 7.2.2005. One of the principal objection raised by the petitioner in his replies and objections dated 13.2.2005 and 21.2.2005 was regarding the constitution of the Sub-Committee/Enquiry Committee, which had to enquire into the charges levelled against him. The Convener of the Sub-Committee was Ehsan Ahmad, Advocate. Two other members of the Sub-Committee were S. Rizqan Masood and Abu Saad alias Shamshi. According to the petitioner, the Convener of the Sub-Committee Ehsan Ahmad, Advocate had himself made several complaints against the petitioner relating to the same charges before the Educational Authorities as well as the State Government. The petitioner also alleged that Abu Saad alias Shamshi, member of the Enquiry Committee is nephew of Akhtar Rasid Khan, who had also made similar complaints against the petitioner. He is also nephew of Akhtar Rasid Khan, Secretary of the Committee of Management, who had also made complaints against the petitioners. The petitioner also filed specific application/objection requesting for change of the Sub-Committee, as he did not expect a fair and impartial enquiry by it. The objection of the petitioner was rejected by the Convener of the Sub-Committee by the following order : - "Heard, so far as the allegations made in Para 3 of the application in concerned, it is absolutely wrong to say that I have ever been complainant against Sri N.A. Daudi or signed in his signature as complainant on any application, on earlier correspondence made by you, I have already apprised you regarding any complaint by me on earlier occasion.";