JUDGMENT

H.N. Seth, J. - Zahir Ahmad Budhanvi has filed this appeal against the Judgment of a learned Single Judge of this Court, dated 9th February, 1968, dismissing his petition under Art. 226 of the Constitution.

2. The petitioner was art Assistant Teacher in Islamia Inter College, Saharanpur. Managing Committee of the institution appointed a sub-committee consisting of five persons, which included Sri Anwarul Islam, Manager of the Institution, to enquire into various charges levelled against the petitioner. The sub-committee submitted its report holding that the charges levelled against the petitioner were proved. Two members of the committee recommended that the petitioner be reduced in rank whereas two other members, including Sri Anwarul Islam, were of opinion that his services should be terminated, but the third member did not express any opinion on this aspect. The Managing Committee considered the report of the Sub-Committee and agreed that the charge levelled against the petitioner were made out and resolved that he should be reduced in rank. As required by the Intermediate Education Act, the matter was referred to the District Inspector of Schools for approving the proposed punishment. - The District Inspector of Schools, on 2nd March, 1965 approved the action proposed by the Managing Committee and directed that the petitioner be down-graded from lecturer's grade to that of trained graduates grade, and that no salary for the suspension period, except the subsistence allowance, be paid to him. It appears that while the matter was pending consideration by the District Inspector of Schools, the fifth member of the Sub-Committee viz. Abdul Khaliq, directly submitted his report to him on 1.9.1961 recommending that the petitioner be removed from service. However the resolution passed by the Managing Committee down grading the petitioner and seeking approval of the District Inspector of Schools for that action was not modified.

3. As, before the District Inspector of Schools gave his approval to the action proposed by the Managing Committee majority of the sub-committee had formed an opinion that petitioner should be removed from service, Sri Anwarul Islam presented an appeal before the Regional Appellate Committee (Deputy Director of Education) with a prayer that the punishment approved by the District Inspector of Schools be modified and as recommended by majority in the sub-committee the petitioner be removed from service. The Deputy Director of Education, Meerut Region informed the Manager that the appeal filed by him could not be entertained as District Inspector's decision was in conformity with the resolution passed by the Managing Committee which in the circumstances had no locus-standi to question the same. He also directed the Management to implement the order dated 2.3.1965 passed by District Inspector of Schools immediately.

4. The petitioner was also aggrieved by the order of the District Inspector of Schools passed on 2.3.1965. He also preferred an appeal against that order which was heard by the Deputy Director of Education (Regional Appellate Committee) who affirmed the finding that the Charges levelled against the petitioner were fully established, opinion on those charges the petitioner deserved to be removed from service. Accordingly he passed an order dated 17.2.1967 modifying the order of the District Inspector of Schools and directing that petitioner's services be terminated with effect from the date of service of the order upon him.

5. The petitioner then filed this petition under Art. 226 of the constitution before this Court and prayed that the order of the Deputy Director dated 17.2.1967 be quashed and the respondents be directed not to implement the same. Before the learned single Judge he pressed the petition only on two grounds viz.

(1) It was not open to the Regional Appellate Committee or the Dy. Director of Education Meerut to enhance the punishment awarded by the District Inspector of Schoo