The U.P. Secondary Education Service Selection Board has the power to modify or alter proposed punishments and was justified in reducing the punishment of termination to stoppage of two increments.

( 1 ) A clear vacancy of a teacher in Commerce in L. T. Grade arose in D. A. V. Intermediate college, Banda. The Committee of Management appointed Sri Prakash Dwivedi on 1. 3. 1986 on an adhoc basis up to the period 20. 5. 1986 or till such time as a regular appointee of the commission was appointed, whichever was earlier. This appointment of Sri Prakash Dwivedi was approved by the District Inspector of Schools. The appointment of Sri Prakash Dwivedi came to an end on 20. 5. 1986, even though, no regular appointment was made by the commission. According to Sri Prakash Dwivedi, when the college re-opened after the vacation, the Committee of Management requested him to continue and therefore Sri Prakash Dwivedi, continued to teach, but the salary was not paid. It transpires that the Committee of Management by a letter dated 16. 8. 1986 again sought permission from the District Inspector of Schools for making an adhoc appointment which was granted by an order dated 29. 8. 1986. On this basis, the post was advertised on 9. 10. 1986 and Sri Prakash Dwivedi was again selected. The management sought approval of this appointment which remained pending before the District Inspector of schools. In the meanwhile, Sri Prakash Dwivedi filed writ petition No. 6704 of 1987 praying for a writ of mandamus directing the. District Inspector of Schools to treat Sri Prakash Dwivedi as continuous in service till his services were terminated in accordance with law or till a candidate recommended by the Commission or the Board joins the said post. Sri Prakash Dwivedi further prayed that the salary should also be paid to him till a regularly selected candidate was appointed by the Commission. This petition was disposed of at the admission stage itself without inviting any counter affidavit either from the District Inspector of Schools or from the Committee of management. It was contended in the said writ petition that even though his appointment came to an end on 20. 5. 1986 but he continued to work on the request of the Committee of management on the re-opening of the institution and that his salary from 21. 5. 1986 onwards was not paid. This Court by an exparte judgment dated 9. 7. 1987 disposed of the writ petition at the initial stage itself, without inviting a counter affidavit either from the District Inspector of schools or from the Committee of Management, and, directed the District Inspector of Schools to reconsider the case of the petitioner with regard to the payment of salary, in the event, the services of Sri Prakash Dwivedi had not been terminated in accordance with law and, that no selection of a teacher had been made by the Commission. Based on the aforesaid direction, the district Inspector of Schools considered the matter and by an order dated 29. 6. 1987 rejected the representation of Sri Prakash Dwivedi. The District Inspector of Schools held that the appointment of Sri Prakash Dwivedi was purely on an adhoc basis which came to an end on 20. 5. 1986 and which was in accordance with the terms and conditions of the appointment letter. The District Inspector of Schools further held that after reopening of the institution after the summer vacation, Sri Prakash Dwivedi did not attend the institution and, therefore, was not entitled for the salary from the period 20. 5. 1986 onwards. This order was challenged by Sri prakash Dwivedi by means of writ petition No. 13853 of 1987 which was entertained and an interim order dated 22. 7. 1987 was passed staying the operation of the order of the District inspector of Schools. This Court further directed the District Inspector of Schools to pay the salary w. e. f. 20. 5. 1986. Subsequently, the interim order dated 22. 7. 1987 was modified to the effect that Sri Prakash Dwivedi shall not be entitled for the salary for the period during which he had not worked in the institution. Based on the interim orders, Sri Prakash Dwivedi was allowed to join the institution w. e. f. 24. 11.