- (1.) The petitioner was a clerk in the Sudhakar Mahila Uchchatar Madhyamik Vidyalay, Khajuri, Varanasi. Certain complaints were received against him and on 14th Feb. 1975, the committee of management of the college constituted a sub-committee to enquire into those complaints. The sub-committee framed charges and served them on the petitioner on 10th May, 1975. The petitioner did not participate in the proceedings before the enquiry committee. The charges against the petitioner were found to be proved by the enquiry committee and a report was submitted by it to the committee of management. On the receipt of the findings of the enquiry committee, the committee of management convened a special meeting to consider it on 19th July, 1975, and on that date a resolution was passed that the petitioner may be dismissed from service. The aforesaid resolution was sent by the committee of management to the Regional Inspectress of Girls Schools, Vth Region, Varanasi, respondent No. 2, vide letter dated 28th July, 1975, seeking her approval for the dismissal of the petitioner as contemplated by Section 16-G (3) of the U. P. Intermediate Education Act (hereinafter referred to as the Act). The respondent No. 2, after giving the petitioner an opportunity of showing cause, passed an order on 9th Oct. 1975, granting approval but not for the dismissal of the petitioner but for his removal from service. Against that order the petitioner filed an appeal before the Joint Director of Education (Women), U. P. respondent No. 1. After giving both the parties an opportunity of hearing the respondent No. 1 dismissed the petitioners' appeal on 2nd of May, 1976. Aggrieved the petitioner has instituted this writ petition with the prayer to quash the aforesaid orders passed by respondents 1 and 2.
(2.) It was urged by counsel for the petitioner that in view of Regulation 35 of Chap. III of the Regulations framed under the Act it was only the manager or the principal of the college who could have been appointed as the enquiry officer to go into the charges framed against the petitioner. This Regulation 35 was amended on 10th Mar. 1975, with effect from 1st Mar. 1975. Before its amendment Regulation 35 was applicable only to teachers, the Head Master or the Principal of an institution. Regulation 35, before its amendment, enabled the committee of management on receipt of a complaint or an adverse report of facts of a serious nature, to appoint the Head Master or the principal or the Manager as the enquiry officer in case of teacher and a sub-committee in case of the Head Master or the Principal with instructions to submit the report as expeditiously as possible. By the aforesaid amendment the said regulation was made applicable to other employees also of the institution.
(3.) It was urged by counsel for the petitioner that since the charge-sheet in the instant case was delivered to the petitioner on 10th May, 1975, and Regulation 35 stood amended by that date it was in view of the amended Regulation 35 only the principal or the manager of the institution who could be appointed as inquiry officer and not a sub-committee.;