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SUPREME COURT OF INDIA
O. CHINNAPPA REDDY, A.P. SEN AND E.S. VENKATARAMIAH, JJ.
Indra Pal Gupta, Appellant
Versus
The Managing Committee, Model Inter College, Thora, Respondent.
Civil Appeal No. 571 of 1975
Decided on 3-5-1984.
Advocates appeared
Mr. R. K. Garg, Sr. Advocate, Mr. D. K. Garg, Advocate with him, for Appellant; Mr. S. Rangaran, Sr. Advocate, Mr. N. N. Sharma, Mr. S. Markandeya Mr. Gopal Subramaniam and Mrs. Shobha Dikshit, Advocates, for Respondents.
Intermediate. Education Act, 1921 - Section 16-G - Intermediate Education Regulations - Appointed on probation as Principal - Period of probation - Terminate the services - Appellant was appointed on probation as Principal of Model Inter College , District in accordance with the procedure prescribed by Intermediate Education Act, 1921 and Regulations made thereunder - Period of probation prescribed was one year - Shortly before expiry of period of probation on Managing Committee of the College passed a resolution extending period of probation of appellant by one year - Thereafter on Managing Committee met to consider the question of confirmation of appellant in post of Principal - As Managing Committee was not satisfied with services of appellant, it resolved to terminate his services and after obtaining approval of District, Inspector of Schools wrote a letter, dated - Report of Manager was read who was present in meeting also heard it - He was asked by Committee to have his say in respect of report - At first he refused to say anything but when Committee requested him to consider it seriously and let Committee have benefit of his views he said that he had nothing to say in that respect since he wanted to quit himself due to circumstances - On this Committee again. requested him to put some such suggestion in consultation with manager as may be helpful for Committee to arrive at some conclusion - In absence of any satisfactory suggestion Committee took decision - At this stage Principal retired out of courtesy - Whether a person is a direct recruit or has been promoted from a lower grade in service of institution to a higher grade – Held, Division Bench has tried to justify action of Management by observing that since management had to secure approval of District Inspector to its action it was necessary for it to give its assessment of work of appellant as Principal and, therefore, in context of statutory requirements, it cannot be said that merely because the Managers report or resolution of Managing Committee refers. to various aspects of assessment of performance of Principal in terms unfavourable to him, it would in law, amount to casting a stigma upon Principal - It is difficult to engraft an exception of above type to well settled rule that if order of termination carries a stigma, it has to fall to ground unless it is preceded by an enquiry as contemplated by law - Division Bench, therefore erred in holding that on facts and in circumstances of case, order of termination was an innocuous one and did not carry any stigma - Order of Division Bench is, in Court opinion, an unsustainable one and is liable to be set aside - Set aside judgment of Division Bench of High Court and restore judgment of learned single Judge – Court hereby declare that appellant continues to be in service of College - He is entitled to all benefits flowing from this declaration including salary and allowances as if there was no break in his service - Respondent College shall also pay the costs of this appeal to the appellant - Appeal allowed.
JUDGMENT
E. S. VENKATARAMIAH, J. :—The appellant was appointed on probation as the Principal of the Model Inter College,Thora, District Bulandshahr (hereinafter referred to a the College) on August 28, 1967 in accordance with the procedure prescribed by the Intermediate. Education Act, 1921 (U. P. Act No. II of 1921) (hereinafter referred to as the Act) and the Regulations made thereunder. The period of probation prescribed was one year. Shortly before the expiry of the period of probation on August 25, 1968, the Managing Committee of the College passed a resolution extending the period of probation of the appellant by one year. Thereafter on April 27, 1969, the Managing Committee met to consider the question of confirmation of the appellant in the post of the Principal. As the Managing Committee was not satisfied with the services of the appellant, it resolved to terminate his services and after obtaining the approval of the District, Inspector of Schools wrote a letter, dated June 30, 1969 to the appellant communicating its decision to terminate the services of the appellant enclosing therewith a copy of its resolution dated, April 27, 1969. The letter dated June 30" 1969 reads thus :
"From To
The Manager Shri I. P. Gupta
Model Inter College Chilkana House,
Thora (Bulandshahr) Kumaran,
Bridge, Saharanpur.
Ref. No. Dated the 30th June, 1969
Sub : Termination of your service as Principal.
Dear Sir,
With reference to the above, I have to mention that in view of the resolution No. 2 of the Managing Committee dated 27-4-1969 (copy enclosed) and subsequent approval by the D.I.O.S. Bulandshahr you are hereby informed that your service as Principal of this Institution is terminated with immediate. effect. You will however be entitled to your dues in lieu of notice. Please hand over complete charge to Sri D. D. Gupta, who is being instructed accordingly, without delay.
Please note that you cease to function as Principal of this Institution forthwith. You are neither authorised to operate any account nor will you perform any other act in the capacity of the Principal of this Institution henceforth. Of course the civil suit filed by Shri S., P. Jain of Meerut for the recovery of his dues is your sole responsibility. Please see that the matter is reasonably settled failing which you shall be liable to any loss caused to the institution in that respect. While handing over charge please do not forget to return all papers or documents relating to the college, or any other college property in your possession. All accounts also may kindly be cleared.
Since despite several assurances you have failed to return during the complete summer vacation this intimation is being conveyed to you at your Saharanpur address, in this state of uncertainty under registered cover to ensure safe delivery. Recently you are reported to have been to Bulandshahr for a few days. Please come immediately and do the needful in the matter.
Sri D. D. Gupta is to assume office of the Principal of this institution with immediate effect in officiating capacity till further instruction. He may take over charge from Sri I. P. Gupta when he returns.
Yours faithfully,
Sd/-
Manager
Model Inter College,
Thora (Bulandshahr)"
2. The copy of the resolution of the Managing Committee sent along with the above letter reads thus :
"Resolution passed by the Managing Committee in its Meeting held on 27-4-69 terminating the probationary period of the petitioner.
2. The report of the Manager was read. Sri I. P. Gupta, who was present in the meeting also heard it. He was asked by the Committee to have his say in respect of the report. At first he refused to say anything but when the Committee requested him to consider it seriously and let the Committee have the benefit of his views. he said that he had nothing to say in that respect since he wanted to quit himself due to circumstances. On this the Committee again. requested him to put some such suggestion in consultation with the manager as may be helpful fo
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