JUDGMENT :

DHANANJAYA Y CHANDRACHUD, J.

1. The appellant was appointed on 1 July 1986 as a Headmaster of the Nagar Parishad High School conducted by the Municipal Council of Narkhed in the District of Nagpur. On 5 February 1994, a notice to show cause was issued to him, levelling an allegation of misappropriation of Rs.5,000. After the appellant submitted a reply on 6 February 1994, the first respondent appointed a former Deputy Education Officer, Shri Marathe as an inquiry officer. A charge-sheet was issued to the appellant on 8 June 1994. The inquiry officer submitted a report on 25 July 1994, holding that the appellant was not guilty of the misconduct he was charged with.

2. On 27 August 1994, the first respondent resolved to appoint another inquiry officer to conduct an inquiry into the charges against the appellant. A former Chief Officer, Shri Sontakke was appointed as an inquiry officer. The appellant objected to the convening of a second inquiry by his letter dated 24 September 1994. The new inquiry officer issued a notice to show cause to the appellant on 26 September 1994. The appellant objected to the appointment. In the meantime, on 10 October 1994 the first respondent cal