Civil Appeal No 571 of 1975 Appeal by Special leave from the judgment and Order dated the 14th March 1973 of the Allahabad High Court in Special Appeal No 1 of 1973
RK Garg and DK Garg for the Appellant
section Rangaran and NN Sharma for Respondent
section Markandeya for Respondent
Gopal Subramaniam and Mrs Shobha Dikshit for Respondent
The Judgment of the Court was delivered by VENKATARAMIAH J
The appellant was appointed on probation as the Principal of the Model Inter College Thora District Bulandshahr hereinafter referred to as the College  on August 28 1967 in accordance with the procedure prescribed by the Intermediate Education ACT 1921 UP Act No II of 1921 hereinafter referred to as the Act  and the Regulations made thereunder
The period of probation prescribed was one year
Shortly before the expiry of the period of probation on August 25 1968 the Managing Committee of the Collage passed a resolution extending the period of probation of the appellant by one year
Thereafter on April 27 754 1969 the Managing Committee met to consider the question of confirmation of the appellant in the post of the principal
As the Managing Committee was not satisfied with the services of the appellant it resolved to terminate his services and after obtaining the approval of the District Inspector of Schools wrote a letter dated June 30 1969 to the appellant communicating its decision to terminate the services of the appellant enclosing therewith a copy of its resolution dated April 27 1969
The letter dated June 30 1969 reads thus From To The Manager Shri IP Gupta Model Inter College Chilkana House Thora Bulandshahr Kumaran Bridge Saharanpur
No Dated the 30th June 1969 Sub Termination of your service as Principal
Dear Sir With reference to the above I have to mention that in view of the resolution No 2 of the Managing Committee dated 2741969 copy enclosed and subsequent approval by the DIOS Bulandshahr you are hereby informed that your service as Principal of this Institution is terminated with immediate effect
You will however be entitled to your dues In lieu of notice
Please hand over complete charge to Sri DD Gupta who is being instructed accordingly without delay
Please note that you cease to function as Principal of this Institution forthwith
You are neither authorised to operate any account nor will you perform any other act in the capacity of the Principal of this Institution henceforth
Of course the civil suit filed by Shri SP Jain of Meerut for the recovery of his dues is your sole responsibility Please see that the matter is reasonably settled failing which you shall be liable to any loss caused to the institution in that respect
While handing over charge please do not forget to return all papers or documents relating to the college 755 or any other college property in your possession
All accounts also may kindly be cleared
Since despite several assurances you have failed to return during the complete summer vacation this intimation is being conveyed to you at your Saharanpur address in this state of uncertainty under registered cover to ensure safe delivery
Recently you are reported to have been to Bulandshahr for a few days
Please come immediately and do the needful in the matter
Sri DD Gupta is to assume office of the Principal of this institution with immediate effect in officiating capacity till further instruction
He may take over charge from Sri IP Gupta when he returns
Yours faithfully sd Manager Model Inter College Tohra Bulandshahr The copy of the resolution of the Managing Committee sent alongwith the above letter reads thus Resolution passed by the Managing Committee in its meeting held on 27469 terminating the probationary period of the Petitioner
The report of the Manager was read
Sri IP Gupta who was present in the meeting also heard it
He was asked by the Committee to have his say in respect of the report
At first he refused to say anything but when the Committee requested him to consider it seriously
and let the Committee have the benefit of his views he said that he had nothing to say in that respect since he wanted to quit himself due to circumstances
on this the Committee again requested him to put some such suggestion in consultation with the manager as may be helpful for the Committee to arrive at some conclusion
In the absence of any satisfactory sugges 756 tion the Committee took the decision
At this stage the Principal retired out of courtesy
On the basis of the Service Book of the Principal the manager told that last year his confirmation was due on 288
1968 but in the meeting of the Committee held on 258 68 in which the Principal was also present the report of the Manager dated 4768 was put as desired by the President
Resolution 3 dated 25868 under the head Consideration on confirmation of Shri IP Gupta Principal incorporates the decision of the Committee as According to the Manager s report the period of probation of the Principal extended by one year
 The proceedings book contains signatures of Sri IP Gupta for receiving a copy of the said resolution At the end of the proceedings the minute book contains signatures of Sri IP Gupta alongwith other members of the Committee present
The facts contained in the report of the Manager being serious and not in the interests of the institution this Committee unanimously resolves that the period of probation of Sri IP Gupta Principal be terminated without waiting for the period to end and the manager is empowered to take necessary steps in this respect
Any thing done by him in this respect shall be considered to have been done by this Committee
The manager is also authorised to hand over charge to Sri DD Gupta when necessary
Sri IP Gupta also came in With a Vote of thanks to the Chair the meeting ended
 The English translation of the relevant part of the report of the Manager on the basis of which the above resolution was passed which is incorporated in the counter affidavit filed on behalf of the Managing committee reads thus It will be evident from the above that the Principal s stay will not be in the interest of the institution
It is also evident that the seriousness of the lapses is enough to justify dismissal but no educational institution should take all 757 this botheration
As such my suggestion is that our purpose will be served by termination of his services
Why then we should enter into any botheration
For this ie for termination of his period of probation too the approval of the DIOS will be necessary
Accordingly any delay in this matter may also be harmful to our interests
Accordingly I suggest that instead of taking any serious action the period of probations of Sri lnder Pal Gupta be terminated without waiting for the period to end
 Aggrieved by the order of termination of his services referred to above the appellant filed a petition under article 226 of the Constitution in Writ Petition No 4823 of 1970 on the file of the High Court of Allahabad challenging its correctness and praying for appropriate reliefs
The learned Single Fudge who heard the writ petition allowed it by his order dated January 2 1973 by quashing the order of termination
The Managing Committee of the College preferred an appeal against that decision to the Division Bench of High Court in Special Appeal No 31 of 1973
The Division Bench allowed the appeal and dismissed the Writ Petition filed by the appellant by its order dated March 14 1973
This appeal is filed by the appellant against the Judgment of the Division Bench after obtaining the special leave of this Court under Article 136 of the Constitution
The College is an institution recognised under the Act and is governed by the provisions of the Act
Section 16 G of the Act provides that every person employed in a recognised institution shall be governed by such conditions of service as may be prescribed by Regulations and that the Regulations inter alia may be made in respect of the period of probation the conditions of confirmation and the procedure for the imposition of punishment
The Board of High School and Intermediate Education is authorised to make Regulations in respect of all matters which by the Act are to be provided for by Regulations with the previous sanction of the State Government
Under the Regulations so made under the Act the period of probation prescribed is one year whether a person is a direct recruit or has been promoted from a lower grade in service of the institution to a higher grade
The period of probation of a Principal or Head Master may be extended by a maximum period of twelve months
At least six weeks before the date of which the 758 confirmation of a Principal or a Head Master is due the Manager of the institution is required to prepare his confirmation papers and place them before the Committee of Management and the decision of the Committee of Management in each case is required to be recorded in the form of a resolution
Regulation 10 provides that a person placed on probation shall be confirmed if he fulfils the requirements of regulation 9 has worked with diligence and other wise proved himself fit for the post for which he was recruited and his integrity is certified
Whenever the punishment of dismissal removal or discharge reduction in rank or diminution in emoluments is imposed prior approval of the Inspector should have to be obtained
Regulations 35 to 38 of the Regulations made under the Act which prescribe the procedure for termination of the services of an employee by way of punishment read thus 35
On receipt of a complaint or an adverse report of facts of a serious nature of the Committee may in the cases of teachers appoint the Headmaster or Principal or Manager as the Inquiry officer or the Manager may himself set up the enquiry if such power has been delegated to him by the Committee under rules and in the case of the Head master or Principal a small sub committee with instructions to submit the report as expeditiously as possible
1 The grounds on which it is proposed to take action shall be reduced in the form of a definite charge or charges which shall be communicated to the employee charged and which shall be so clear and precise as to give sufficient indication to the charged employee of the facts and circumstances against him
He shall be required within three weeks of the receipt of the charge sheet to put in a written statement of his defence and to state whether he desired to be heared in person
If he or the inquiring authority so desires an oral enquiry shall be held in respect of such of the allegations as are not admitted
At that enquiry such oral evidence will be heared as the inquiring authority considers necessary
This person charged shall be entitled to cross examine the witness to give evidence in person and to have such witnesses called as he may wish provided that the inquiring authority conducting the enquiry may for sufficient reasons to be recorded in writing refuse to call a witness
The proceedings shall contain a sufficient 759 record of the evidence and statement of the findings and the grounds thereof
The inquiring authority conducting the enquiry may also separately from these proceedings make his own recommendation regarding the punishment to be imposed on the employee
2 Clause 1 shall not apply where the person concerned has absconded or where it is for other reasons impracticable to communicate with him
3 All or any of the provisions of clause 1 may for sufficient reasons to be recorded in writing be waived where there is difficulty in observing exactly the requirements thereof and those requirements can in the opinion of the inquiring authority be waived without injustice to the person charged
Soon after the report of the proceedings and recommendation from the inquiring authority arc received the Committee of Management shall meet to consider the report of the proceedings and recommendation made and take decision on the case
The employee shall however be allowed if he so desires to appear before the Committee in person to state his case and answer any question that may be put to him by any member present at the meeting
The Committee shall then send a complete report together with all connected papers to the Inspector or Regional Inspectress as the case may be for approval of action proposed by it
If it is felt at any stage that the matter can be more properly dealt with by action to terminate service with notice this may be done with the approval of the Inspector or Regional Inspectress as the case may be
 It is seen from the foregoing that the above provisions relating to the procedure to be followed before imposing the punishment of dismissal or removal from service are virtually the same as provided by Article 311 2 of the Constitution and the principles which should govern this case should therefore be the same as those underlying Article 311 2
The decisions in Parshotam Lal Dhingra vs Union of India Shamsher Singh  Anr
vs State of 760 Punjab and Anoop Jaiswal vs Government of India  Anr explain the true legal position governing the termination of the services of a probationer
In Parshotam Lal Dhingra s case supra this Court observed at page 862 thus In short if the termination of service is founded on the right flowing from contract or the service rules then prima facie the termination is not a punishment and carries with it no evil consequences and so article 311 is not attracted But even if the Government has by contract or under the rules the right to terminate the employment without going through the procedure prescribed for inflicting the punishment of dismissal or removal or reduction in rank the Government may nevertheless choose to punish the servant and if the termination of service is sought to be founded on misconduct negligence inefficiency or other disqualification then it is a punishment and the requirements of article 311 must be complied with
 The above rule applies to probationers too
Admittedly no enquiry was held in this case as provided in Regulations 35 and 36 of the Regulations made under the Act
Apparently in the light of the principles enunciated in Parshotam Lal Dhingra s case supra the learned Single Judge who decided the Writ Petition at the first instance in the High Court observed in the course of his order thus In this petition under Article 226 of the Constitution the petitioner questions the validity of the so called termination of his service by the resolution passed by the Managing Committee on 2741969
His case is that the termination in the circumstances in which it has been made by the Managing Committee amounts to punishment of removal or dismissal from service and the punishment having been imposed upon him without following the procedure prescribed under sec
16 G of the Intermediate Education Act and the regulations framed thereunder becomes vitiated
Indeed it has not been denied or controverted in the counter affidavit that the action against the petitioner was taken by 761 the Managing Committee on serious charges of mismanagement brought against the Principal by the Manager
But it has submitted by the learned counsel for the opposite parties that a reasonable opportunity was afforded to the petitioner by the Managing Committee when he was faced with the charges and asked to explain on 27469 at the meeting of the Managing Committee
But the learned counsel for opposite parties when faced with the relevant regulations and Sec
16 G of the Intermediate Education Act found it difficult to justify that what was done at the meeting of the Managing Committee on 2741969 complies with those provisions
The attack made by the petitioner based on non compliance of the relevant regulations and the provisions of Sec
16 G of the Act on the validity of the action taken appear to be sound and sustainable
No matter the petitioner was not a permanent Principal yet he was entitled to a regular show cause notice against the charges brought and an opportunity to be heard as required by the regulations
The impugned order of termination thus was a mere camouflage and cannot be regarded in the
circumstances as having been passed by the Managing Committee in the normal course
The District Inspector of Schools was in error in approving the termination in those circumstances
 But the Division Bench of the High Court took a contrary view
The first error in the judgment of the Division Bench lies in its observation Firstly the order of termination is innocuous
It does not refer to any allegations or even to the report of the Manager  It is seen from the letter dated June 30 1969 by which the services of the appellant were terminated that the resolution of the Managing Committee dated April 27 1969 is made a part of it by treating it as an enclosure to that letter
The resolution actually begins with a reference to the report of the Manager and slates that the facts contained in the report were serious  and not in the interests of the institution 
It further refers to the fact that the appellant was asked to give his explanation to the allegations made in the said report
That report stated 762 It is also evident that the seriousness of the lapses is enough to justify dismissal but no educational institution should take that botheration
 The above report was the real foundation on which the decision of the Managing Committee was based
This is a case where the order of termination issued is merely a camouflage for an order imposing the penalty of termination of service on the ground of misconduct
Secondly the Division Bench has tried to justify the action of the Management by observing that since the management had to secure the approval of the District Inspector to its action it was necessary for it to give its assessment of the work of the appellant as Principal and therefore
in the
context of the statutory requirements it cannot be said that merely because the Manager s report or the resolution of the Managing Committee refers to the various aspects of the assessment of the performance of the Principal in terms unfavourable to him it would in law amount to casting a stigma upon the Principal 
It is difficult to engraft an exception of the above type to the well settled rule that if the order of termination carries a stigma it has to fall to the ground unless it is proceeded by an enquiry as contemplated by law
A reading of the letter of termination of the service and the resolution which forms part of that letter clearly shows that they bear a mark of disgrace or infamy and that the appellant is visited with evil consequences as explained in Parshotam Lal Dhingra s case supra
The Division Bench therefore erred in holding that on the facts and in the circumstances of the case the order of termination was an innocuous one and did not carry any stigma
The order of the Division Bench is our opinion an unsustainable one and is liable to the set aside
In the result we allow this appeal set aside the judgment of the Division Bench of the High Court and restore the judgment of the learned Single Judge
We hereby declare that the appellant continues to be in the service of the College
He is entitled to all the benefits flowing from this declaration including the salary and allowances as if there was no break in his service
The respondent College shall also pay the costs of this appeal to the appellant
SR Appeal allowed


Summary:
The appellant was appointed on probation as the Principal of the Model Inter College Thora on August 28 1967
His period of probation was extended by one year and thereafter by a letter dated June 30 1969 addressed to him with a copy of a resolution dated 27th April 1969 passed by the Managing Committee wherein various allegations were made regarding his conduct his services were terminated by the respondent
Aggrieved by the said orders of termination of his services the appellant filed a writ petition No 4823 of 1970 on the file of the High Court of Allahabad
The said writ petition was allowed on January 23 1973 and the order of termination was quashed
However the special Appeal No 31 of 1973 filed by Respondent was accepted and allowed by the Division Bench
Hence the appeal by special leave of the Court
Allowing the appeal the Court  HELD 1
Section 16 of the Uttar Pradesh Intermediate Education Act Act II of 1921 provides that every person employed in a recognised institution shall be governed by such conditions of service as may be prescribed by Regulations and that the Regulations inter alia may be made in respect of the period of probation the conditions of confirmation and the procedure for the imposition of punishment Regulations 35 to 38 relate to the procedure to be followed before imposing the punishment of dismissal or removal from service and they being virtually the same as provided by Article 3112 of the Constitution the principles which should govern this instant case should therefore be the same as those underlying Article 3112
Admittedly here no enquiry was held as provided for in Regulation 35 and 36
Therefore the non compliance with the 753 provisions of Section 16 of the Act and Regulations 35 to 38 vitiates the termination order
747F G 759G 760E Parshotam Lal Dhingra vs Union of India 1958 SCR 828 Shamsher Singh and Anr vs State of Punjab   Anoop Jaiswal vs Government of India and Anr   referred to
If the order of termination carried a stigma it has to fall to the ground unless it is preceded by an enquiry as contemplated by law
A reading of the letter of termination of the service and the resolution which forms part of that letter clearly shows that they bear a mark of disgrace and infamy and the appellant is visited with evil consequences
The order of the Division Bench is therefore unsustainable
762D E
The Court declared that the appellant continues to be in the service of the College with entitlement to all consequential benefits including the salary and allowances as if there was no break in his service 762G