Procedural compliance with Regulations 35 to 37 of the U.P. Intermediate Education Act is essential in conducting inquiry proceedings and issuing termination orders.

JUDGMENT :

1. Heard Sri Jayant Prakash Singh, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1, 2 and 3, Sri Firoz Haider, learned counsel for respondent no.4.

2. This writ petition has been filed praying for quashing of the order dated 27.04.2016 passed by the Manager, Muslim Inter College, Thakurdwara District Moradabad, as well as alleged inquiry report dated 05.11.2015. Further prayer has been made for direction to the respondents not to interfere in functioning of the petitioner as Principal of the institution, namely, Muslim Inter College, Thakurdwara, Moradabad and pay him arrears of his salary from the date of his suspension and also month to month salary regularly.

3. The case of the petitioner is that he was appointed on the post of Principal in Muslim Inter College, Thakurdwara District Moradabad (hereinafter referred to as the institution) a recognised and aided minority institution till the level of High School. His appointment was duly approved by the order dated 22.11.2008 passed by the Joint Director of Education, 10th Region, Morabadabad. The appointment of the petitioner was challenged by the rival candidate in question along with the Manager of the institution by way of Writ Petition No.63186 of 2008, which was ultimately dismissed on 09.04.2014 in the category of infructuous cases. The rival of the petitioner, Mohd. Ayub Ahmad, in collusion with Haji Khalil Ahmad, Manager of the institution, got an ex-parte inquiry conducted behind back of the petitioner and on the basis of ex-parte inquiry report dated 19.03.2009, the committee of management of institution passed a resolution dated 24.03.2009 dispensing with the services of the petitioner. The aforesaid resolution was challenged by the petitioner by means of Writ Petition No.18010 of 2009 before this court and this Court quashed the order dated 24.03.2009 terminate the service of the petitioner and allowed the writ petition by the order dated 25.05.2009 and thereafter petitioner was permitted to join his service from 01.06.2009 on the basis of the order of the Joint Director of Education. The Manager of the institution gave a notice dated 21.09.2015 to the petitioner alleging that a complaint has been received from a student of Class XI, Sonam, alleging that he has talked to Sonam on mobile phone indecently which has resulted in tarnishing the image of the college and he should show cause why disciplinary proceedings may not be initiated against him. Similar letter was received by the petitioner on the next day 22.09.2015 issued by the manager again. On 28.09.2015 the petitioner replied to the letter dated 21.09.2015 of the manager stating that he is being falsely implicated on account of conspiracy against him. The manager of the institution provoked the students and they indulged in arson and broke the car of the petitioner regarding which he lodged the first information report. By the order dated 29.09.2015 petitioner was suspended by the Manager of the committee of management of institution and the Joint Director constituted an Inquiry Committee to conduct inquiry against the petitioner. The inquiry committee called the petitioner to appear before it on 05.10.2015 and submit his documents in defence. The petitioner submitted his reply along with the supporting documents before the inquiry committee on 06.10.2015. The manager of the institution again constituted another inquiry committee on 06.10.2015 to inquire into the charges against the petitioner and new inquiry committee constituted by manager gave a charge-sheet dated 14.10.2015 to the petitioner to which he was directed to submit his reply. It has been stated that the charge-sheet dated 14.10.2015 was not served on the petitioner by the Manager and the alleged Chairman of the Inquiry Committee, namely, Dr. Mohd. Ullah Chaudhary, was the Ex-MLA and was not the member of the Committee of Management of the institution. Thereafter this Court vide Writ-C No.12168 of 2014