SECRETARY TECHNICAL EDUCATION Vs. LALIT MOHAN UPADHYAY

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 02.11.1999 passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No. 10058/1994. By the impugned judgment, the High Court allowed the writ petition and set aside the order of acceptance of the letter of resignation tendered by Shri Lalit Mohan Upadhyay, Lecturer and the appellants were directed to reinstate him in service to the post of Lecturer in Mathematics.

(2.) The necessary facts in short may be stated:- Kumaon Engineering College [for short "KEC", Dwarahat, District Almorah, Uttar Pradesh (U.P., was established in the year 1991 under the Plan Scheme of the State Government. This College is a residential and co-educational institution and all the students are required to reside in the hostel attached to the College.

(3.) On 12.10.1991, Shri L.M. Upadhyay-respondent No. 1 herein was appointed as a Lecturer in Mathematics on probation for a period of two years in KEC. He joined the service on 21.10.1991. On 18.03.1993, Ms. Geetanjali Gupta, a student of B.E. 2nd year (1992-93 batch, fell seriously ill. The Principal of the College - appellant No.2 herein deputed Shri L.M. Upadhyay, Ms. Hema Punetha, Library Clerk of the College to take the girl for medical treatment to the Civil Hospital, Ranikhet. When Ms. Geetanjali joined the College after recovery from illness, she was noticed upset and terribly disturbed by her classmates and teachers. It is the case of the appellants that on 04.04.1993 Ms. Geetanjali filed a complaint against Shri L.M. Upadhyay for his indecent behaviour with her in the hospital. Looking to the seriousness of the allegations, the Principal promptly wrote a letter dated 06.09.1993 to Assistant Professor-cum-Dean, Students Welfare of KEC(for short "DSW") asking her to carry out inquiry in camera about the correctness of the contents of the complaint made by Ms. Geetanjali against Shri L.M. Upadhyay. On receipt of the letter of the Principal, Ms. M. Srivastava, DSW, immediately called and examined the complainant Ms. Geetanjali, her classmates, namely, Ms. Nidhi Choudhary, Ms. Yasha Bharadwaj and Ms. Richa Aggarwal in support of the complaint. Ms. M. Srivastava submitted her report to the Principal on the same day, i.e., 06.09.1993. It is the case of the appellants that Shri L.M. Upadhyay on coming to know about filing of the complaint by the girl student and also holding of inquiry in camera by the DSW, he, on the same day, submitted letter of resignation to the Principal requesting him (the Principal) to accept the same with immediate effect. The Principal, with a view to save the future career of Shri Upadhyay as well as to protect the reputation of the institution, accepted his request and forwarded the letter of resignation to the Chairman, Board of Governors, for necessary acceptance and approval with immediate effect.