R.S. Mongia, J. - (1.) THE petitioner js the Managing Committee of Banwari Lal Jingal Suiwala College, Tosham, District Bhiwani, which is a State aided recognised institution. The College is affiliated to Ma -harshi Dayanand University, Rohtak, and is covered by the provisions of the Haryana Affiliated Colleges (Security of Service) Act, 1979, and the rules made thereunder known as Haryana Affiliated Colleges (Security of Service) Rules, 1993, (hereinafter referred to as Act and Rules respectively).
(2.) ON the recommendations of a duly constituted Selection Committee, respondent No. 4, Shri Attar Singh Sheoran, was appointed as a Lecturer in History in the College vide appointment order dated December 5, 1995. He was kept on probation initially for a period of two years. Respondent No. 4 joined the College on Decembers, 1995. As per the averments made in the petition, the work and conduct of respondent No . 4 was found to be highly wanting and it was brought on the record of the College as under : - "(a) Respondent No. 4 who permanently resides at Charkhi Dadri acts as a Journalist and Correspondent of newspapers) from Charkhi Dadri and gets published political news/stories. It was noticed that respondent No. 4 had no interest in teaching or to maintain academic atmosphere in the College, rather was found busy in writing political news/stories in the newspapers. It is relevant to state here that though the College is affiliated with Maharashi Dayanand University, Rohtak but in the absence of any notification of Code of Conduct, it is Code of Conduct adopted by Kurukshetra University which is being followed. The Code of Conduct for teaching employees (Article 22) of the Kurukshetra University Calendar Volume 1 Appendix IX speaks : "No teacher shall, except with the previous permission of the Governing Body, own wholly or in part, or conduct or participate in editing or managing of any newspaper or any periodical or act as correspondent or a newspaper." (b) A criminal case vide FIR No. 127 dated 21.7.1996 was registered against respondent No. 4 in the City Police Station, Charkhi Dadri under Sec -lions 420, 467, 468 IPC in which he was arrested and he remained in police/judicial custody. The prima facie allegation levelled against respondent No. 4 casts aspersion on his conduct and character. (c) Respondent No. 4 was running an STD/ISD booth at Charkhi Dadri which was not only part time but a whole time business being run by him. (d) Respondent No. 4 with a view to convert his "absence" into "presence" in the attendance register, made unauthorised alteration and thus tampered with the office record. (e) Respondent No. 4 was found to be extremely negligent in performance of the official duties as -signed to him. For example, he was appointed as the Chief Editor of the College Magazine on 1.8.1997 but he did not work as such even for a day for the reasons best known to him. His performance as Chief Proctor was also found to be equally dismal. (f) Respondent No. 4 was found to be totally irregular in duties as he was found to have proceeded on medical leave without informing either the Principal of the College or General Secretary of the Management. (g) Respondent No. 4 was found to be totally undisciplined and whenever the Principal of the college would seek his explanation on the complaints received against respondent No. 4, the latter never submitted his explanation in a language/tenor which is expected from a College Lecturer." It has further been alleged that on account of unsatisfactory performance of duties by respondent No. 4 during the period of probation, the Managing Committee of the College in its meeting held on October 26, 1997, vide resolution No. 3, resolved to extend the period of probation of respondent No. 4 as also of ten other Teachers. This decision was conveyed to all concerned vide notice dated November 11, 1997. Copy of the resolution dated October 26, 1997 and the notice sent to all the Lecturers informing them of the extension in the period of probation have been appended as Annexure P -2 and P2/A with the writ petition. It is further the case of the petitioner that as work and conduct of respondent No. 4 even during the extended period of probation, remained unsatisfactory, the petitioner Managing Committee tentatively proposed to take action under rule 8(2)(b)(i) of the Rules and consequently the case of respondent No. 4 was referred to the Committee constituted under proviso to rule 8(2)(b)(ii) of the Rules. The said Committee consisted of the following members : - " 1. Shri Bhim Aggarwal, General Secretary, Banwari Lal Jindal Suiwala College, Tosham. 2. Sh.A.K.Katishik, Principal, Govt. College, Nalwa, (Hr. Govt. Nominee). Dr. U.K. Awasthy, Reader, Deptt. of Sociology, M.D. University, Rohtak, (Vice Chancellor's Nominee)
(3.) DR . K.S. Yadav, Principal, Govt. College, Krishan Nagar (Narnaul).;