- (1.) THIS is a writ application under Article 226 of the Constitution of India challenging me validity of the order of the Deputy Director of Education, Bikaner, dated 14-9-1962, terminating the petitioner's services, on the ground that it is hit by Article 311 of the Constitution of India.
(2.) IT is not disputed on behalf of the respondent that the petitioner, who is a citizen of India, was appointed as an Assistant Teacher at the Madho Middle school, Bikaner, by the Inspector of Schools, Sikar on 14-11-1958. On 28-111958, the Deputy Director of Education, Bikaner, transferred him to Government basic S. T. C. Training School, Churu, us a Lower Division Clerk in the grade of Rs. 60--130. On 23-4-1960, he was suspended under Rule 13 of the Rajasthan Civil services (Classification, Control and Appeal) Rules, by the Inspector of Schools, churu, since he was prosecuted in a criminal case for offences under Sections 457 and 300 of the Indian Penal Code. On 21-8-1962, he was reinstated by the Deputy Director of Education, Bikaner, on the ground that he was honourably acquitted by Magistrate First Class, Churu, on 31-3-1962. It was also ordered by him that the petitioner would be permitted to draw his pay and allowances admissible according to Rule 54 (2) of Rajasthan services Rules and his salary would be charged from the post where he was suspended, that is, from the office of the Inspector of Schools, Churu, for the period with effect from 8-4-1960, and for the intervening period he would he treated on duty for all purposes. Strangely enough the same officer (Deputy director of Education, Bikaner), passed another order on 14-9-1964 to the following effect: "on further scrutiny, it has been found that the services of Shri Harish chandra Gupta, temporary L. D. C. , Government Basic S. T. C. , Training school, Sirjangarh, were terminated on account of his misbehaviour and bad work. The order of re-instatement passed by this office, vide No. EDD/bk/eb/3/62/6/9293, dated 21-8-1962 is hereby cancelled. "
(3.) IT is contended by learned counsel for the petitioner that the last order, dated 14-9-1962 was passed in violation of Article 311 of the Constitution of India, because the petitioner was punished by termination of his services on account of the alleged misbehaviour and bad work on his part without giving him reasonable opportunity of showing cause against the action which the Deputy Director of education proposed to take against him. It das been argued that no charge-sheet or statement of allegations was given to the petitioner according to the Rajasthan civil Services (Classification, Control and Appeal) Rules, 1938, and he was not given any opportunity to give his explanation, nor was he given any opportunity of being heard by the disciplinary authority.;