JUDGMENT

R.L. Gulati, J. - The petitioner, Dr. Prithvi Nath Kulshreshtha belongs to the U.P. Education Service. From July, 1963 to May, 1964, he was officiating as District Inspector of Schools, Pithoragarh. During this period several complaints were received from the Commissioner, Kumaon and Utterakhand Division, Nainital, making certain serious allegations of moral turpitude against him. Some adverse reports also appeared against him in a local weekly newspaper called "Bigul". On receipt of these adverse reports, the case was handed over to the C.I.D. for investigation and ultimately the Government referred the case to the U.P. Administrative Tribunal. As a result of the investigation carried out by the C.I.D. it appeared that the petitioner had been indulging in sex with certain lady teachers when he went to visit their schools in his official capacity and had acquired a bad reputation on that account. It also transpired that in order to achieve that objective, he had been misusing his official position.

2. In July, 1966, the petitioner received a letter from the Assistant Deputy Director (Services) Directorate of Education, U.P. enclosing a charge sheet dated June 13, 1966, from Sri Ahmad Mirza, one of the Members of the U.P. Administrative Tribunal. In the course the hearing of the case commenced before the Administrative Tribunal which was constituted by Sri S. N. Mitra, as Administrative Member, Sri Ahmad Mirza, as judicial Member and Sri S. D. Pant, as the Assessor. In due course the Tribunal submitted its report to the Governor to the effect that the petitioner had been found guilty of the charge of personal immorality as also of failure to discharge his duties properly. In accordance with the recommendations made by the Tribunal, the petitioner was dismissed from service by an order dated March 17, 1969. The petitioner has challenged the order of dismissal in this petition.

3. The charge-sheet served upon the petitioner containes as many as eight charges. Under each charge several incidents have been mentioned. All the eight charges, however, relate, to the main two charges of personal immorality and of failure to discharge duties properly. Under each charge documentary evidence and the gist of oral evidence upon which the charges were based were also communicated to the petitioner. It would be appropriate to reproduce the charges as set out in the order of the Administrative Tribunal. The charges were :-

"Charge No. 1.

You, Dr. Prithvi Nath Kulshreshtha, Principal, Government Inter College, Bahraich, while posted as District Inspector of Schools, Pithoragarh, during the period from July, 1963 to May, 1964, indulged in vicious habits relating to sex, had a bad reputation in this regard and misused your official position in furtherance of your above object by calling lady teachers to your places of stay during your official tours, even at odd hours of the night and persuaded some of them to accompany you on tours, as is evidenced by the following :-

(a) You visited Baluwakote on January 20, 1964 stayed there in the P. W. D. Inspection House, till 10 a.m. on January 21, 1964, and during the said stay, you called Km. Motima, daughter of Sri Dhani Ram of Baluwakote, through one Gopal Dutt a teacher of the same place, first in the day and then in the night time and promised to get her admitted in class IV and to help her further in securing a certificate of class V also in the same year to enable her to get a job, and committed sexual intercourse with her.

(b) You made five visits to Berinag, ostensibly to inspect the schools, i.e. on September 8 and 13, November 6, 1963, and February 11 and April 24, 1964 where you used to call Km. Bhagwati Verma, a lady teacher of Government Girls Primary School, Kanera at the place of your stay during day as well as night and developed illicit intimacy with her. Further you on November 8, 1963, took her to Pithoragarh from Berinag in your Government jeep.

(c) You visited Munshiari on Octobe