IMPORTANT POINT
Termination of service requires clear allegations and adherence to due process, including the right to a fair hearing.

JUDGMENT :

J.J. Munir, J.

1. This writ petition is directed against the order dated 30.6.2014 passed by the District Basic Education Officer, Siddharth Nagar (for short, 'the BSA'), terminating the services/contract of service of the petitioner as a Shiksha Mitra with immediate effect as also the order of the District Magistrate, Siddharth Nagar dated 20.6.2014, granting approval to the proposal for termination of the petitioner's services/contract of service.

2. The petitioner was appointed a Shiskha Mitra at the Primary Vidyalaya, Rasiyawal Khurd, Development Block Lotan, District Siddharth Nagar (for short, 'the institution') in accordance with law and after following the procedure for selection and appointment of a Shiksha Mitra, provided by Government Orders issued on the subject from time to time. The petitioner says that he was discharging his duties as a Shiksha Mitra faithfully and to the satisfaction of his superiors since the year 2001.

3. In substance, the case of the petitioner is that the allegations against him are the outcome of machinations of the Village Pradhan at the relevant time, one Brahma Yadav and another Veenu Pandey, the daughter-in-law of a retired teacher, through whom a sum of Rs. 59,500/- were drawn by the Headmistress of the institution, the Pradhan and Veenu Pandey, illegally depriving the State exchequer. This offence was reported to the Police at the instance of the petitioner, leading to animosity and the immediate cause for the Pradhan to lay false reports against the petitioner through the Gram Shiksha Samiti about non-provision of the mid-day meal to children in the institution. Based on the complaints against the petitioner, he was issued a notice by the BSA on 18.2.2014, which the petitioner answered by his reply dated 26.2.2014. It was mentioned that the food grains are not supplied by the local fair price shop dealer, who sends foodgrains to the Pradhan and these are not provided to the institution for cooking the mid-day meal. The BSA did not pass any orders after receiving the petitioner's reply dated 26.2.2014. The petitioner submitted a complaint in the matter dated 4.6.2013 to the District Magistrate, apprising him of illegal actions of the Pradhan. A complaint about victimization by the Pradhan on false charges was also made to the Commissioner of the Basti Division by the petitioner. There is an assertion in paragraph No. 12 of the writ petition that the officiating Headmistress of the institution apprised the District Magistrate on 26.4.2013 that food grains are not being provided for cooking the mid-day meal by the fair price shop dealer. A copy of the said complaint by the officiating Headmaster of the institution is on record.

4. The petitioner's case is that the Gram Shiksha Samiti under the stewardship of the Village Pradhan, without giving any notice to the petitioner, forwarded a resolution dated 31.3.2014 to terminate the petitioner's contract of service. It is stated in paragraph No. 13 of the writ petition that the BSA, while passing the impugned order dated 30.6.2014, terminating the petitioner's service, has remarked that he was issued with a notice dated 29.4.2014, providing him opportunity to have his say, which he did not satisfactorily reply. It is averred in paragraph No. 13 of the writ petition that no such notice was ever served by the BSA. According to the petitioner, he was served with a notice dated 21.5.2014, asking him to show-cause within three days in regard to the allegations carried in the notice.

5. The petitioner submitted his reply on 22.5.2014, denying the allegations in the notice. It was said by the petitioner in his reply that on 22.5.2014 at 11 a.m., the Block Education Officer came over to the institution and took away the attendance register, which he handed over to the Gram Pradhan alongwith other registers. The petitioner was asked to sign the attendance register at the Gram Pradhan's house everyday. The petitioner has asserted that the BSA ha