Procedural irregularities and lack of substantial evidence in disciplinary proceedings lead to wrongful termination; principles of natural justice must be upheld to ensure fair treatment of employees.

JUDGMENT :

J.J. Munir, J.

1. This judgment will dispose of Writ-A No.15765 of 2014 and Writ-A No.51031 of 2015 but not Writ-A No.20351 of 2022. Writ-A No.15765 of 2014 has been instituted by Jai Prakash, a class IV employee with the Vikramaditya Inter College, Sikandra, Allahabad (now Prayagraj), which was earlier called the Janta Inter College, Sikandra, Allahabad. The petitioner, Jai Prakash, questions through this writ petition the order dated 01.12.2014 passed by the Principal of the aforesaid College, removing him from service after holding disciplinary proceedings. Writ-A No.51031 of 2015 has been instituted by Nanku Ram, another Class-IV employee, a Mali, with the Vikramaditya Inter College, Sikandra, Allahabad (for short, 'the Institution'), impugning the order of the Principal of the Institution dated 07.10.2013, terminating his service, also after holding disciplinary proceedings. Also under challenge in this writ petition by the petitioner is the order of the Committee of Management of the Institution dated 19.07.2015, dismissing his appeal from the Principal's order, terminating his services. Writ-A No.20351 of 2022 has been instituted by Nanku Ram and Jai Prakash jointly, both dismissed employees of the Institution at the time of bringing this writ petition, seeking to quash the advertisement dated 08.10.2022, advertising for recruitment by direct appointment one post of Assistant Clerk with the Institution. The further relief that the petitioners jointly seek in this writ petition is to summon the record of proceedings held for promotion of Janardan Singh, respondent No.7, to the post of Assistant Clerk and quash the order of his promotion.

2. It must be remarked at the outset that though all the three matters are interconnected and involve some common questions of fact and law, on account of which these have been heard together, there are distinct and different features to each of them, requiring some separate consideration. It is also worthy of note that Writ-A No.20351 of 2022 can be determined at the instance of the petitioners, only if one or both of them succeed in their individual writ petitions, entitling them to reinstatement in service as Class-IV employees. The reason is that their claim for promotion to the two Class-III posts with the Institution, to one of which Janardan Singh, respondent No.7 in Writ-A No.20351 of 2022 has been promoted, and, the other, that has been advertised for direct recruitment, would arise if the one or both the petitioners are reinstated in the cadre of Class-IV employee/ employees in the Institution.

3. We propose to take up Writ-A No.15765 of 2014 for a first. It is common ground between parties that the Institution is recognized under the Uttar Pradesh Intermediate Education Act, 1921 (for short, 'the Act of 2021') and in receipt of a maintenance grant from the State Government under the U.P. Act No.24 of 1971. The Institution is managed by a Committee of Management, headed by a Manager. Bankey Bihari Singh is the Manager of the Institution. The petitioner was appointed a Class-IV employee with the Institution vide appointment letter dated 03.01.1995. He was assigned the duties of a Chowkidar (Watchman). The petitioner's appointment was approved by the District Inspector of Schools, Allahabad (for short, 'the DIOS') vide order dated 16.01.1995. Ever since, he was discharging his duties as a Class-IV employee in the Institution regularly. The petitioner says that his service record is unblemished and he has always discharged duties assigned to him, without complaint by his superiors. So long as he was in service, he was in receipt of regular salary and other benefits payable from time to