As already stated, this was the resolution challenged by the appellant in the writ petition.
The Judgment of the Court was delivered by Mathew, J. The appellant filed a writ petition before the High Court of Allahabad, Lucknow Bench, challenging the validity of a resolution passed on 12 11 1967 by the Managing Committee of the Jai Narain College, Lucknow, formerly known as Kanyakubja Degree College, an associated companylege of the Lucknow University, terminating his services, and praying for issue of an appropriate writ or order quashing the resolution.
K. Garg and S. C. Agarwal, for the respondents.
the Allahabad High Court in Special Appeal No.
The Managing Committee appealed against the order.
1074 of 1968.
He submitted an explanation.
CIVIL APPELLATE JURISDICTION C.A. No.
A learned single judge of that Court, finding that in terminating the services, the Managing Committee acted in violation of principles of natural justice, quashed the resolution and allowed the writ petition.
He was promoted to the post of Head of the Department of Zoology in 1959.
The appellant joined the service of the companylege as lecturer in 1946.
The Bench, therefore, set aside the order of the learned single judge and dismissed the writ petition.
Appeal by Special Leave from the judgment and order dated April 13, 1970 of.
A Division Bench of the High Court found that the relationship between the College and the appellant was that of master and servant and that even if the service of the appellant has been terminated in breach of the audi alteram partem rule of natural justice, the remedy of the appellant was to file a suit for damages and number to apply under Article 226 of the Constitution for a writ or order in the nature of certiorari and that in fact numberprinciple of natural justice was violated by terminating the services of the appellant as the appellant was given an opportunity of submitting his explanation to the charges.
2 of 1972.
C. Setalvad, P. N. Tiwari J. B. Dadachanji and Co. for the appellant.
The explanation was found number to be satisfactory and the Managing Committee passed a resolution on 12 11 1967 for removal of the appellant from service.
On the basis of certain companyplaints against him received by the Manager of the College, charges were framed against him and his explanation was called for.
It is from this judgment that the appeal has been preferred by special leave.
