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2003 Supreme(All) 2612
IN THE HIGH COURT OF ALLAHABAD
R. K. Agrawal, J.
COMMITTEE OF MANAGEMENT OF MADAN MOHAN MALVIYA INTER COLLEGE - Appellant
Versus
U. P. SECONDARY EDUCATION SERVICE COMMISSION - Respondents
C. M. W. P. 36846 Of 1997
Decided On : 12/01/2003
Anil Bhushan, Ashok Khare, B.D.Mandhyan, B.K.Srivastava, D.K.TIVARI, G.K.SINGH, K.K.TRIPATHI, PRAKASH PADIYA, R.G.PADIA, S.K.Srivastava, S.L.VERMA, V.K.SINGH
The Commission, while deciding whether or not to grant approval for the removal of a teacher, has the power to modify the punishment proposed and to scrutinize the material and apply its mind carefully to the facts on record.
Headnote:
Dismissal - Principal of Madan Mohan Malviya Inter college, Karchhana, Allahabad - U. P. Intermediate Education Act, 1921, U. P. High School and Intermediate Colleges (Payment of Salaries to the Teacher and other Employees) Act, 1971 - Section 306, I. P. C. - Section 21 of the U. P. Secondary Education Services and Selection Board Act, 1982 - Section 16g (3) of the Act - [Charge No. 1, 2, 10, 11, 21] - The court upheld the order of the Commission dated 23rd September, 1997, which directed for stoppage of one increment on a permanent basis, awarding of adverse entry in the service records, and directed the District Inspector of Schools to investigate the accounts for the last five years for the alleged financial irregularities and to take appropriate action.
Fact of the Case:
The writ petitions relate to the post of the Principal of Madan Mohan Malviya Inter college, Karchhana, Allahabad. The Committee of Management sought writs to quash the order passed by the U. P. Secondary Education Services Commission, and to direct the Commission to decide afresh the proposal of dismissal of the Principal. The petitions challenged the order of the Commission directing stoppage of one increment on a permanent basis, recording of adverse entry, and investigation of financial irregularities.
Finding of the Court:
The court upheld the order of the Commission dated 23rd September, 1997, which directed for stoppage of one increment on a permanent basis, awarding of adverse entry in the service records, and directed the District Inspector of Schools to investigate the accounts for the last five years for the alleged financial irregularities and to take appropriate action.
Issues: The issues involved the approval of the Commission on the question of dismissal, removal, reduction in rank, and reduction in emoluments or in withholding an increment of the Principal, and the power of the Commission to modify the punishment proposed by the Committee of Management.
Ratio Decidendi: The Commission, while deciding whether or not to grant approval for the removal of a teacher, has necessarily to go into the merits of the case and apply its mind independently to the question whether the evidence on record justified the removal. The Commission has the power to modify the punishment proposed and to scrutinize the material and apply its mind carefully to the facts on record.
Final Decision: The court dismissed the writ petitions and upheld the order of the Commission dated 23rd September, 1997, which directed for stoppage of one increment on a permanent basis, awarding of adverse entry in the service records, and directed the District Inspector of Schools to investigate the accounts for the last five years for the alleged financial irregularities and to take appropriate action.
( 1 ) SINCE all these writ petitions relate to the post of the Principal of Madan Mohan Malviya Inter college, Karchhana, Allahabad, they have been heard together and are being decided by a common Judgment.
( 2 ) CIVIL Misc. Writ Petition No. 36846 of 1997 has been filed by the Committee of Management of Madan Mohan Malviya Inter College, Karchhana, Allahabad through its Manager, Girijesh dwivedi seeking a writ, order or direction in the nature of certiorari quashing the order dated 23rd September, 1997 passed by the U. P. Secondary Education Services Commission, allahabad, respondent No. 1 filed as Annexure-11 to the writ petition. The petitioners further seek a writ, order or direction in the nature of mandamus directing the U. P. Secondary Education services Selection Commission (now the Board), Allahabad to decide afresh in accordance with law the entire proposal of dismissal dated 22. 9. 1996 Including the financial Irregularities and approve the same. A further writ of mandamus is sought to direct the District Inspector of schools not to decide any matter relating to the financial irregularity as directed by the commission vide order dated 23rd September, 1997.
( 3 ) CIVIL Misc. Writ Petition No. 628 of 1998 has been filed by Karuna Kant Tewari seeking a writ, order or direction in the nature of certiorari to call for the records of the case and to quash the order dated 23rd September, 1997 passed by the U. P. Secondary Education Services selection Board, respondent No. 1 filed as Annexure-1 to the writ petition in so far as it relates to the Charges No. 2, 10, 11 and 1 (partly) and other consequential reliefs.
( 4 ) CIVIL Misc. Writ Petition No. 42211 of 2002 has been filed by Ravi Shanker Tripathi seeking a writ, order or direction in the nature of certiorari quashing the order dated 24th September, 2002 passed by the Committee of Management of Madan Mohan Malviya Inter College, Karchhana, allahabad, respondent No. 2 filed as Annexure-8 to the writ petition. He further seeks a writ of mandamus directing the respondents not tp interfere in his peaceful functioning as Principal of the College.
( 5 ) BRIEFLY stated the facts giving rise to the Writ Petition No. 36846 of 1997 are as follows : at Karchhana in the district of Allahabad there is an Intermediate college known as Madan mohan Malviya Inter College, (hereinafter referred to as the College), which is recognized under the provisions of U. P. Intermediate Education Act, 1921, (hereinafter referred to as the act ). The provisions of the U. P. High School and Intermediate Colleges (Payment of Salaries to the Teacher and other Employees) Act, 1971 are also applicable. According to the petitioners. Karuna Kant Tewari, respondent No. 3 was arrested on 12th October, 1995 in Case Crime No. 181/95 under Section 306, I. P. C. Police Station Karchhana, district Allahabad. It related to the case of suicide by Anupam Kutwari, a student of the College. Karuna Kant Tewari was released on bail after nine days. The Committee of Management vide resolution dated 15th October, 1995 placed Karuna Kant Tewari under suspension. The next seniormost teacher, Harendra Narain singh, was appointed as officiating Principal who continued till his retirement on 30th June, 1996. The Committee of Management vide its resolution dated 15. 10. 1995 constituted a sub-Committee to hold enquiry against Karuna Kant Tewari. It framed eight charges and sent the charge-sheet by registered post to Karuna Kant Tewari. Karuna Kant Tewari submitted his reply. The Manager issued a show cause notice dated 7. 12. 1995 calling upon Karuna Kant tewari to show cause to the various charges. A supplementary charge-sheet was also issued. However, Karuna Kant Tewari did not submit any reply on the ground that he had not received any supplementary charge-sheet. The Sub-Committee found Karuna Kant Tewari guilty of the charges levelled against him and submitted its report. It is alleged by the Committee of
