The main legal point established in the judgment is the requirement for procedural fairness and compliance with the principles of natural justice in disciplinary proceedings, including the appointment of the enquiry officer, holding the enquiry, and the approval of the termination of service.

JUDGMENT :

1. Heard Ms. Durga Tiwari, learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Gautam Baghel, learned counsel for respondent nos. 4, 5 & 6.

2. Petitioner Bhwendra Nath Borah was a duly selected and appointed Class -IV employee working in the Institution namely Government Degree College, Sambhal prior to termination of his service from the College Establishment by the order passed by the Joint Director of Education on 01.10.2014 granting approval to the proposed punishment of termination of service vide order dated 29.09.2014.

3. This case has a checkered history with two round of litigation previously before this Court and this is the third round of litigation arising out of disciplinary proceedings initiated against the petitioner by the Principal of the Institution.

4. Before coming to the orders impugned, the facts of the case briefly stated are that the petitioner was appointed on 08.04.1995 on the post of Library Peon but as he claimed, he continued to discharge duties of Peon at the residence of the then Manager Suresh Chandra and then his son Shantanu Kumar. It so happened, in the year 2011, when according to the petitioner, the Committee of Management was not recognized for a short time that petitioner was given posting in the Institution as Chowkidar under the orders of Principal dated 11.02.2011. He protested by writing a letter dated 12.02.2011 that only the work of Peon should be taken from him and he is not Chowkidar but nothing happened. He then raised legal pleas before the District Inspector of Schools vide letter dated 12.07.2011 that he having been appointed as Library Peon could not have been asked to discharge night duties of Chowkidar and he also complained that Principal was forcing him to resume working at the residence of Manager of the Institution or else remain posted as Chowkidar.

5. It transpires that the Committee of Management came into office in the meantime and so suddenly on 12.10.2011 as was alleged in the letter written to the Senior Superintendent of Police, Bheemnagar while petitioner signed the attendance register, the Manager Suresh Chandra and his son Shantanu Kumar and others started abusing and threatening him of dismissal from service and also physically assaulted him. Thus complaint was made on 16.10.2011 but when nothing happened, it transpires petitioner moved an application under Section 156(3) Cr.P.C. which came to be dismissed on 14.04.2012. This approach was taken by the Manager and Principal of the Institution as a case of serious misconduct in the nature of insubordination and accordingly petitioner was issued with a show cause notice on 15.02.2012 to explain his conduct of gross indiscipline and making insidious remarks against the Manager of the Institution coupled with the false allegations of physical assault. This show cause notice was issued on 15.02.2012 to which petitioner submitted reply on 05.03.2012 and took the plea that for 15 long years he worked under pressure of Manager at his residence like bonded labour giving 12 hours long duty and when the Committee of Management was dissolved for a short while that petitioner got freed from the custody of the Manager. He claimed in his entire reply that he had been unnecessarily forced to discharge duty of a Chowkidar for 12 hours else he was to resume duty at the residence of Manager, failing which action would be taken. The Principal of the Institution, instead of closing the matter with the warning to the petitioner, chose to set up an enquiry making one Advocate of the District Court as Enquiry Officer and it is this Advocate namely Mr. Kamal Kumar issued charge sheet to the petitioner on 25.06.2012. Two charges were basically levelled: one fictitious and false allegations were made to malign the image of the Manager of the Institution Mr. Suresh Chandra as well as Shantanu Kumar which amounted to gross misconduct and insubordination; and the second charge was regarding