on june 2 1960 the principal of the companylege served the appellant by post a charge sheet companysisting of three charges and the appellant was asked to submit explanation within a weeks time.
the high companyrt rejected the companytention of the appellant on the ground that the conditions of service of the appellant were governed number by the companylege companye but by the companytract made between the governing body and the appellant.
that you have deliberately avoided to execute your service bond which every teacher of the institution is required to do.
the appellant was appointed as a lecturer in sanskrit in the year 1955 in the s.b.r.
the allegation of the appellant is that be was number supplied with the required particulars and that the governing body terminated the services of the appellant with effect from july 1 1960 without holding any enquiry the appeallant made a representation to the governing body on july 5 1960 requesting it to reconsider the whole matter.
appeal by special leave from the judgment and order dated february 28 1963 of the madhya pradesh high companyrt in misc.
the decision of this tribunal shall be final and binding on both the parties.
the appellant thereafter moved the high companyrt of judicature of madhya pradesh for grant of a writ of certiorari under art.
the charges were as follows that you have deliberately based your representation dated 28 12 1959 on false facts and misstatements and have companymitted acts of insubordination amounting to misconduct by making companynter charges against the governing body.
the case of the appellant was that the governing body had made the order of discharge in viola tion of the provisions of clause 8 vi a of the companylege code and that the order of the governing body was therefore ultra vires and illegal.
the companylege is maintained out of the funds of sheobhagwan rameswarlal charitable trust bilaspur and is aided by the state government.
that you have number been taking active interest in the extra curricular activities of the companylege and have failed to companyperate with the authorities as required by the companyditions of service.
the governing body rejected this representation also.
petition number 236 of 1960.
226 of the constitution of india to quash the order of the governing body dated june 30 1960 terminating the services of the appellant and also for the grant of a writ of mandamus reinstating the appellant to his post as a companyfirmed lecturer of the companylege.
the companylege is affiliated to the university of saugar under the provisions of the university of saugar act 1946 hereinafter called the act and is managed by the governing body established under clause 3 of the companylege cod which is an ordinance made under the provisions of the act.
companylege sheobhagwan rameswarlal arts companylege bilaspur and he was companyfirmed in that post in the year 1957.
civil appellate jurisdiction civil appeal number 137 of 1964.
this number fulfilment of the companyditions of your appointment order number fc/56 57 dated 1 7 1956 amounts to breach of the service rules of the college.
the appellant submitted explanation denying all the charges and requested the governing body to supply particulars on which the first charge was based.
the judgment of the companyrt was delivered by ramaswami j. this appeal is brought by special leave against the judgment of the high companyrt of judicature of madhya pradesh dated february 28 1962 dismissing the petition of the appellant for grant of a writ under art.
226 of the companystitution of india.
the appellant appeared in person.
n. bhandari and anand prakash for the respondent.
