- (1.) In this writ petition the order dated 13th September, 1991, passed by the U.P. Secondary Education Services Commission being annexure-50 to the writ petition granting approval to the order of dismissal of the petitioner from the post of Principal of Sri Krishna Inter College, Ashram Barhaj, Deoria, is under challenge.
(2.) Mr. S.N. Shukla, learned counsel for the petitioner has taken a simple but interesting point to the extent that the charge sheet was issued by the Manager and not by the Enquiry Committee appointed under Regulation 35 Chapter III of the Regulation framed under U.P. Intermediate Education Act and as such in view of the ratio decided in the decision in the case of Committee of Management, Shahganj Public Inter College, Shahganj and another Vs. U.P. Secondary Education Service Commission, Allahabad and another [(1995)3 UPLBEC 1593] interpreting Regulation 35 and 36 of the said Regulation, Admittedly, the chargesheet was issued by the Manger. There is nothing to show that the chargesheet was forwarded by the Manager having been framed by the Enquiry Committee nor there is anything to show that the chargesheet was approved by the Committee of Management and the Manager was authorised to forward the same. There is also nothing to indicate that the Enquiry Committee had ever authorised the Manager to issue the chargesheet framed by it. In such circumstances, Mr. Shukla contends that the whole enquiry is vitiated and no approval could be granted by the Service Commission to the proposed punishment pursuant to the enquiry. Though he had taken various other points, it is not necessary to go into those questions until a decision on the point raised by Mr. Shukla is arrived at.
(3.) Mr. A.N.Singh, learned counsel for the respondent, the Committee of Management on the other hand contends that the Committee of Management had approved the chargesheet as is apparent from the resolution dated 10th January, 1988. The Manager hadforwarded the chargesheet on behalf of the Committee of Management and as a Manager he is authorised to do so. Secondly, he contends that Regulation 35 and 36 of the said Regulation does not prescribed that the chargesheet had to be issued by the Enquiry Committee and a chargesheet issued by the Manager would be invalid. I have heard both the counsel at length.;