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1995 Supreme(All) 588
HIGH COURT OF ALLAHABAD
R.B.Mehrotra
COMMITTEE OF MANAGEMENT SHAHGANJ INTER COLLEGE JAUNPUR
Versus
U P SECONDARY EDUCATION SERVICE COMMISSION
Decided On : 19 May 1995
Civil M. W. P. No. 30582 of 1991
D.K.SAHA, R.K.Jain, R.N.Singh,
The mandatory provisions of the Regulations framed under the U.P. Intermediate Education Act, 1921, regarding the procedure for termination of service of a Principal of an Intermediate College, are essential safeguards to protect the interests of the Principal and ensure fair and just proceedings.
Headnote:
UP SECONDARY EDUCATION SERVICE COMMISSION AND SELECTION BOARD ACT, 1982 - SECTION 21 - U.P. INTERMEDIATE EDUCATION ACT, 1921 - SECTION 16 - REGULATIONS FRAMED UNDER U.P. INTERMEDIATE EDUCATION ACT, 1921 - REGULATION 35, 36, 37 - TERMINATION OF SERVICE - PRINCIPAL OF INTERMEDIATE COLLEGE - APPROVAL OF COMMISSION - PROCEDURE - CHARGESHEET - INQUIRY - SHOW CAUSE NOTICE - PUNISHMENT - PRINCIPLES OF NATURAL JUSTICE - FAIR HEARING - MANDATORY PROVISIONS - VIOLATION - APPROVAL REFUSED - JUSTIFIED.
Fact of the Case:
The Committee of Management of Shahganj, Public Inter College, Shahganj, Jaunpur (the Institution) lodged an FIR against the Principal, Sri Paras Nath Verma, alleging that he forged the service book of a retired peon of the institution. The Committee decided to hold an inquiry and appointed a sub-committee. The sub-committee drew a charge-sheet which was served on the Principal. The Principal submitted his reply and abstained from appearing before the sub-committee alleging prejudice against one of its members. The sub-committee submitted its report finding the charges against the Principal not made out. The Committee of Management resolved to terminate the Principal's services and sent a proposal to the District Inspector of Schools seeking approval. The District Inspector of Schools directed that the Principal be treated as Principal and his emoluments be paid. The Committee of Management challenged this order in a writ petition which was disposed of with a direction to the Commission to decide the matter within four months. The Commission, after considering the matter, disapproved the proposal for termination of the Principal's services.
Finding of the Court:
The Court held that the Commission was properly constituted and that the procedure adopted by the Commission in hearing the parties did not violate the principles of natural justice. However, the Court found that the proposal for termination of the Principal's services suffered from legal infirmities. The charge-sheet was served by the Manager of the Institution instead of the Inquiry Sub-Committee, which was a mandatory requirement under the Regulations. The punishment was proposed in the inquiry report itself, which was also a violation of the mandatory provisions of the Regulations. The Principal was not served with a show cause notice as required by the mandatory provisions of the Regulations. The Court also held that the Committee of Management's recommendation for dismissal of the Principal's services was not permissible under the Act, as the only punishment provided under the Act was removal from service.
Issues: 1. Whether the Commission was properly constituted? 2. Whether the procedure adopted by the Commission in hearing the parties violated the principles of natural justice? 3. Whether the proposal for termination of the Principal's services suffered from legal infirmities?
Ratio Decidendi: 1. The Court held that the Commission was properly constituted as required under Section 4 of the 1982 Act, and that the contention that the Commission was not in existence at the relevant time due to having less than six members was misconceived. The Court also held that the petitioners could not raise the issue of defect in the constitution of the Commission after the Commission had passed the order in accordance with the direction of the Court. 2. The Court held that the procedure adopted by the Commission in hearing the parties did not violate the principles of natural justice. The Court observed that the Commission was not required to comply with the strict procedure of providing opportunity of hearing and cross-examination to the concerned parties, and that the overall purpose of the enactment was to safeguard the interest of teachers from arbitrary action of the management. 3. The Court held that the proposal for termination of the Principal's services suffered from legal infirmities. The Court found that the charge-sheet was served by the Manager of the Institution instead of the Inquiry Sub-Committee, which was a mandatory requirement under the Regulations. The punishment was proposed in the inquiry report itself, which was also a violation of the mandatory provisions of the Regulations. The Principal was not served with a show cause notice as required by the mandatory provisions of the Regulations. The Court also held that the Committee of Management's recommendation for dismissal of the Principal's services was not permissible under the Act, as the only punishment provided under the Act was removal from service.
Final Decision: The Court dismissed the writ petition filed by the Committee of Management challenging the Commission's order disapproving the proposal for termination of the Principal's services.
Sri Paras Math Verma, was appointed as Principal in Shahganj, Public Inter College, Shahjang, Jaunpur (hereinafter referred to as the Institution) in the years 1976 after the death of the then Principal, Sri Ram Lakhan Misra, in a clear vacancy of a permanent basis. The institution is a recognised institution in accordance with the provisions of the U. P. Intermediate Education Act, 1921. The administration of the institu tion is run in accordance with the approval scheme of Administration, under Section 16 of the U. P. Intermediate Education Act, 1921. The U. P. Secondary Education Service Commission and Selection Board Act, 1982 (hereinafter referred to as 1982 Act) has superseded the provisions of U. P. intermediate Education Act, 1921 and the institution is within the purview of 1982 Act.
2. On 15tb January, 1990, the Committee of Management of the institution lodged an FIR against Sri Paras Nath Verma, respondent No. 2 in the present writ petition (hereinafter referred to as the Principal ). ID the FSR it was alleged that the Principal of the institution has forged the service 0 book of the one Ram Dhani, a retired peon of the institution. On the basis of the aforesaid report the Committee of Management of the institution on 14-1-1990 decided to hold that an enquiry into the charges against the Principal and appointed a sub-committee for holding that an enquiry into the alleged charges against the principal of-the institution. The Sub committee drew a charge-sheet which was sent to the principal and was served on the principal of the institution. The principal submitted his reply to the charges framed against him. It is alleged that the principal did not appear before the sub-committee as the stand of the principal was that one of personnel of the Sub Committee is prejudiced against the principal and he has contended that he is not likely to get fair enquiry from the Sub-Committee. For this reason he abstained himself from appearing before the Sub-Com mittee. The Sub-Committee holding enquiry submitted that its report on 7-3-1990. The meeting of the Committee of Management was convened on 14-3-1990 and the principal of the institution was informed to the place of the meeting. The information of the aforesaid meeting was also sent to the District Inspector of Schools by registered post. The Committee of Manage ment in its meeting resolved that the services of the principal be terminated and a proposal be sent for approval to the District Inspector of Schools. Accordingly, along with a letter, the proposal seeking approval of termination of the services of the principal of the institution was sent to the District Inspector of Schools. The management also suspended the principal of the institution. The suspension was, however, not approved by the District Inspector of Schools, who directed, vide letter, dated 20-3-1990 to the Manager of the Institution, that Sri Paras Nath Verma,
should be treated as Principal of the Institution and is emoluments etc. may be paid in accordance with law. The aforesaid order of the District Inspector of Schools was challenged by the Committee of Management by means of a writ petition being writ petition No. 10062 of 1990. The said Writ petition was disposed of by a direction of this Court, dated 6-4-1990 in the following language :
". . . . . . The Commission shall thereafter endeavour to dispose of the matter as expeditiously and possible keeping in view the fact that the institution is without a permanent principal these days. If the Commission fails to decide the matter within four months from the date of receipt of the papers, it will be open to Sri Varma, respondent No. 3, to approach this court may moans of a writ petition for issuing a proper direction. . . . . . "
3. In pursuance of the aforesaid direction the Sub-Committee constitu ted by the Commission, considered the matter at length and discussed all aspects of the matter including the documents relied upon by the
