IMPORTANT POINT
Unless prejudice is shown and established, mere non-payment of subsistence allowance cannot ipso facto be a ground to vitiate proceedings in every case.

JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. High Court of Allahabad having dismissed the writ application filed by the appellant questioning order of termination of his services by the Committee of Management of Mahamana Malviya Degree College, Meerut (hereinafter referred to as the Managing Committee ) and the application for review, these two appeals have been filed. Factual background sans unnecessary details is as follows :

3. Appellant was appointed as the Principal of the college in question in July 1974. In the year 1977, University Examinations for graduate classes were held in the college. University received report regarding certain irregularities in the examination centre. Vice-Chancellor appointed a Committee to enquire into alleged irregularities. The inquiry Committee enquired into the matter and found that the conduct of the examination at the centre where the appellant was acting as Senior Superintendent of the Examination Centre was not in order. The inquiry Committee found several gross irregularities committed by the appellant in the conduct of the examination. It was noted that the appellant s son Rahul was also appearing in the examination. In the evening shift of the examination on 29.4.1977, his son appeared at the examination in Basic Statistics General Course. After considering the statements given by several persons, the Committee held that the appellant helped his son and had replaced the answer book of his son, signatures of the Invigilator on the alleged answer book were not of the Invigilator Shri S.K. Sharma. The inquiry Committee recommended action. In its meeting held on 19.9.1977, the Managing Committee considered the report of the inquiry Committee and by resolution of even date resolved to suspend the appellant and further resolved to hold an inquiry in the matter.

4. Pursuant to the aforesaid resolution, the appellant was issued a charge sheet on 27.9.1977. It was specifically mentioned that the meeting of the inquiry Committee was to be held on 16.10.1977 and the appellant should be present. Though appellant received the charge sheet, he did not submit his reply and on the contrary, asked for 15 days time by his letter dated 13.10.1977. Considering his request, the meeting of the inquiry Committee was adjourned to 25.10.1977. Though appellant was informed by registered post, he did not appear before the inquiry Committee. The inquiry Committee considered the materials on record and found the appellant guilty for irregularities and illegalities in the conduct of examination. It was found that he had changed the answer book of his son with ulterior motive. The inquiry Committee recommended dismissal of the appellant from service subject to approval of the Vice-Chancellor. Notice was given by the Vice-Chancellor to the appellant and the Managing Committee to consider the matter on 21.12.1977. It was subsequently adjourned to 23.12.1977 when the Vice-Chancellor heard the appellant and the Managing Committee. After that the Vice-Chancellor by his letter dated 24.12.1977 directed the Managing Committee that another opportunity be given to the appellant to appear before the inquiry Committee and all relevant papers were to be given to the appellant. The matter was fixed by the inquiry Committee on 20.1.1978 and the appellant was informed by registered post. But he did not appear before the inquiry Committee. The matter was again considered by the inquiry Committee, which confirmed its report dated 25.10.1977 and Managing Committee by its letter dated 23.1.1978 informed the University that the appellant did not appear before the inquiry Committee. Vice-Chancellor was requested to accord approval to the proposal for dismissal of the appellant. All the documents which were demanded by the appellant had been given on 14.2.1978. The Committee of Management again received a letter from the University, stating that since all the documents demanded by the appellant were handed over to him on 24.2.1978, th