INDER PAL GUPTA versus THE MANAGING COMMITTEE, MODEL INTER COLLEGE, THORA

Citation: [1984] 3 S.C.R. 752 · Decided: 03-05-1984 · Supreme Court of India · Bench: O. CHINNAPPA REDDY · Disposal: Appeal(s) allowed
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Judgment (excerpt)

752 
A 
B 
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D 
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G 
H 
• 
, INDER PAL GUPTA 
v. 
THE MANAGING COMMITTEE, MODEL INTER COLLEGE 
THORA 
May 3, 1984 
[O. CHINNAPPA REDDY, A.P. SEN AND E .. s. VENKATARAMIAH, JJ.] 
Termination of the ser11ices of a ·P.ri'nclpal 011 probarlon-P.racedure 
.Prescribed under section 16 G artd _K..egulations 
35 to 38 being 1he saffie as 
provided bY Article 311 (~) of the Constit.ttion of ft1dl11, the princ!ples which 
govern .such ca yes of terminatio 1 should be the sami a~ fiigse' · u11der!ying Article 
3JJ t2) of-the Con1·titurion-lnterpfeiation of Sttiture~-Ab~ence of ·enquiry 
coniemplated under Regulations 35 ii; 36 before the termination of the pro.vi-
sion casting a stigma is ilteg:il. 
The appellant was app_ointed. on probatiOn as the' Principal of the 
Model Inter College, Th,)ra on August, 28,_ 1967. 
His p~riod of proba~ 
"tion was extended bY one yc1r 'ind .thereafter by a letter d.;iied June_ 3p, 
1969 addressed to him with a copy o.f a _resolution dated 27th. April, 1969 
passed by the Managi'lg Committee wherein various allegations were made 
regarding his conduct, his services were 
termin1ted by the respondent •. 
Aggrieved by the said orders of termi1r1tlon of his services, the appellant 
·filed a \Wit'petiti'n NS. 4Si3 of l9iO on the file of the High Court of 
Allahabad. 
1he said writ p3tition was allowed on January 23, 1.973 and 
the order of (errnina_tion was quas,hed. 
However; the special Appeal No. 
31of1973 filed by Resp.oident was ac9epted and allC>wed by 
the Division 
Bench; Hence the appeal by special leave of tQe Court. 
·Allowing tbei appe3l, \he Court, 
HELD : 
1. Section 
16 G of the Uttar Pradesh Intermediate Edu-
cation Act, (Act ([.of 1921) provides that every person· employed in a 
recognised institution shall b~ governed· by such conditio1s of service as 
may be prescribed by ReguL~tions and that the Regulationg, inter alla ,may be 
made in 
r~~p:!ct 'of tl.1e period of probJ.tion;the conditions of confir~atioo 
and the procedure for the i nposition of punishmei;it. 
R~gulations 35 to., 
38 relate to· the proc~dure to be followed before imposing the punishment 
of dismissal or removdl from- service· and they· being virtually the same as 
.·provided by Article 3.1-1 (2) Of the Constitution, the principles wbjch should 
govern· this.·i11Sta-nt case should therefore be 
t\le same as those under 
lying Articlc'.\11 (2). 
Ad"mitte-d!y here no e~1quiry was held as provided 
. fc;>r in. Rr-gulationc; 35 and 36. 
Therefore th_e 
non·co
111plian·.::~ with the · 
• 
• 
I 
l. J> •. GtiPTA v. INTER. C(JLLEGB, THOR.A (Venkataramiah, J.) 
.153 
r>rovisions or Section '16 G of the Act and Regulalions 35 to 3& vit.iates 
the termination order. 
[747F-G; 759G; 760E] 
Parshotam Lal Dhingra v. Union of India [1958) S •. C.R. 828; Shamsher · 
.S/ngh.~nd Anr.·v. Stateaf Punjab, [1975] l S.C.R. 814; Anoop.faiswalv. 
Government of India and Anr. [ 1984] I <icalc.105; referred to. 
2. 
If the order of terminatiori carried a stigma it has to~ fall to the 
groUnd unless it is prec_eded by 
2,11 enquiry .as contemplated by law. 
A. 
re~ding of the letter of termination of the service and the resolution which 
·f~ims part of-that letter clearly shows~ that they ·bear a mark of disgrace 
$d infamy and the appellant 
is visited with evil consequences. 
The 
order of' the Division Bench is tberefore unsustainable. [762D-E] 
[The Cou1t declared. that the appellant continues to be in the 
service of the College. with eotitl ement to all consequential ben.efitS 
irlcludiog the salary and allowances as if there was no break in his 
service.] [762G] 
. 
CIVIL APPELLATE JURISDICTION :. 
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. :'I of 1973. 
R.K. Garg and D.K. Garg for the Appellant. 
S. Rangaran and N.N. Sharma for Respondent. 
S. Markandeya for Respondent: 
Gopa! Subramaniam and Mrs. Shobha Dikshit for Respondent. 
The Jndgment of the Court was delivered by 
VENKA'I;ARAM!AH, J. The appellant was appointed on proba-
tion as the Principal of the Model Inter College, Thora, District. 
Bulandshahr (hereinafter refer.red t<:> as 'the College;) on August 28, 
1967 in'accorda.nce with the procedure prescribed by the Intermediate 
Education Act, 1921 (U.P. Act No. II of 1921) (herernafter referred 
to as '(he Act') and the Regulations made thereunder. The period 
of probation prescribed was one ye
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