JUDGMENT :

1. Heard Sri Arvind Srivastava, learned counsel for appellant, Sri Shivam Shukla, learned counsel for respondent 2 and perused the record.

2. This intra-Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules 1952 (hereinafter referred to as "Rules, 1952") has arisen from judgment dated 26.02.2009 passed by learned Single Judge whereby writ petition filed by Committee of Management of Dayanand Hansmukhi Devi Girls Inter College, Macrobertganj, Kanpur (hereinafter referred to as "College") was allowed.

3. Facts in brief giving rise to present appeal are that College is a Secondary Education Institution governed by the provisions of "U.P. Intermediate Education Act, 1921" (hereinafter referred to as "Act 1921"). Payment of salary to teaching and non-teaching staff is governed by the provision of "U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act 1971" (hereinafter referred to as "Act 1971"). Recruitment of teaching staff is governed by the provisions U.P. Secondary Education Services Selection Boards Act, 1982 (hereinafter referred to as "Act, 1982")

4. The appellant was a Class IV employee (Chaukidar). A charge sheet dated 14.2.1977 was served upon appellant containing five charges as under :

^^1- fnukd 09-09-1976 dks vkius fo|ky; ds xsV dh pkch iz/kku fyfid dh est ij Qsd dj dgk fd vki vc dke u djsaxsA bl izdkj u dsoy vius vuq'kklughurk dh] oju vius ls ofj"B deZpkjh ds lkFk nqO;ogkj fd;kAa
2- fnukad 13-9-1976 dks jktkKk dh lwpuk lfgr] ,d vkSj vkjksi i= fnukad 09-09-1976 dh ?kVuk ds lanHkZ esa vkidks fn;k x;k Fkk] ftls vkius ysus ls badkj fd;kA ftlls Li"V gS fd vkius jktkKk dks Vkyus dk iz;kl fd;k rFkk vkius vkjksi ds jktkKk dh vosgyuk dhA
3- fnukad 27-09-1976 dks iqu% rhljh ckj vkils mlh lanHkZ esa Li"Vhdj.k ekaxk ij vkius 07-02-1977 rd dksbZ Li"Vhdj.k ugh fn;kAa
4- fnukad 28-01-1977 dks vkidks ,d vkns'k vkidh M;wVh ds ckjs esa fn;k x;k rks vkius mls ysus ls badkj fd;k rFkk iz/kku fyfid dks /kedk;k o muds lkFk nqO;Zogkj fd;kA ftlls u dsoy vius xr o"kZ dk Hkkafr vuq'kklughurk dh oju ;g Hkh Li"V fd;k fd vki fn;k x;k dk;Z ugh djuk pkgrs rFkk voKk djuk viuk vf/kdkjh le>rs gSA
5- vki }kjk fn;k x;k Li"Vhdj.k fnukad 07-02-1977 ftls vkius nksigj esa fn;k] fujk/kkj gS D;ksfd 31-1-1977 dks vkius ,d vkosnu i= nsdj viuh igyh M;wVh ds fyf[kr vkns'k dh ekax dh] tks cseryc dh] 28-1-1977 dks vkns'k u Lohdkj djus dk cgkuk ekukA ftlls Li"V gS fd vkns'kks dks Lohdkj u djuk vkidh dk;Z iz.kkyh dk ,d <+x gSA**

"1. On 09.09.1976, you, after throwing the key of school gate at the table of the Head Clerk, stated that you would not continue to work. In this way, you not only showed indiscipline but also misbehaved with your senior.

2. On 13.09.1976, apart from intimation regarding the government order, charge-sheet dated 09.09.1976 was also given to you with respect to the incident, which you refused to accept. From this, it is clear that you tried to ignore the governed order and defined the government order as to the charge.

3. On 27.09.1976, an explanation in that very context was again sought from you for the third time but you did not submit any response till 07.02.1977.

4. On 28.01.1977, an order regarding your duty was tried to be served upon you but you refused to accept the same and extended threats to the Head Clerk and misbehaved with him. By doing so, you not only showed indiscipline as you did the last year but also showed that you want to evade the work entrusted to you and take it to be your right to indulge in disobedience.

5. The explanation submitted by you in the afternoon of 07.02.1977 is baseless because in an application dated 31.01.1977, you have sought a written order regarding your previous duty, which was without any reason and was just an excuse to not obey the order on 28.01.1977. This shows that not obeying the orders is your way of working." (English Translation by Court)

5. Appellant was given three weeks' time to file reply. It appears that thrice he sought e