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1969 Supreme(All) 390

H. C. P. TRIPATHI
Badri Prasad Kandpal – Appellant
Versus
President Regional Appellate Committee – Respondent


Advocates appeared:
S.C. Khare and M.S. Negi, Advocates, for the Petitioner; N.D. Pant and N.C. Pant, Advocates, For the Respondents

JUDGMENT

H.C.P. Tripathi, J. - This writ petition is directed against the orders of the respondents removing the petitioner from service.

2. The facts are these.

3. Petitioner was appointed as an Assistant Teacher in the Higher Secondary School, Kapkot, district Almora, in July, 1954. On 12th July, 1962, a charge shoot was submitted to him by the respondent No. 3 on behalf of the school alleging that he had allowed students to copy in the examination and had incited some of them to beat another teacher of the school. Petitioner submitted his explanation. Thereafter, under the direction of the Manager, an enquiry was held by the Principal who reported that the allegations made against the petitioner contained elements of truth. On receipt of the report from the Principal, the Committee considered the case of the petitioner and recommended to the District Inspector of Schools to grant permission to dismiss him. The District Inspector of Schools issued a notice to the petitioner. The petitioner showed cause and asked that the statements of witnesses be taken in his presence and he may be given opportunity to cross-examine them. He was allowed to cross-examine some of the witnesses. The

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