Neutral Citation No. - 2025:AHC:90980-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 523 of 2025 Appellant :- Committee Of Management Jan Sewa Internediate College Respondent :- State Of Up And 3 Others Counsel for Appellant :- Bhrigu Jee Singh,Man Bahadur Singh Counsel for Respondent :- C.S.C.,Satya Prakash Shukla Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Learned Single Judge has allowed the writ petition filed by the respondent and the order of termination has been set aside after holding that the Committee of Management had not conducted any inquiry before terminating the services of the writ petitioner on charges of misconduct. 2. The undisputed facts of the case are that the institution where the writ petitioner was employed is a non-aided institution. Part time appointment was offered to the writ petitioner sometime in 1989. It appears that the post of principal had fallen vacant in the institution in the year 2013 and the writ petitioner staked his claim for appointment against it. It is thereafter that the Committee of Management proceeded to impose certain charges, whereafter a show cause notice was issued to the writ petitioner on 26.08.2014 and his services were terminated on 30.09.2014. An appeal was filed under Clause 9(A) of the Part Time Teacher Service Rules, 2001 and immediately thereafter, the writ petitioner rushed to this Court to file this petition. 3. Learned Single Judge has come to the conclusion that the termination of the writ petitioner was in violation of principles of natural justice, as no inquiry was conducted. Consequently, the termination is set aside and a direction has been issued to reinstate the writ petitioner along with the entire back wages. 4. Learned counsel for the appellant submits that the writ petitioner had already filed an appeal and during its pendency, parallel proceedings could not have been initiated before this Court. It is also submitted that the institution is not aided institution and, therefore, there are no funds available with the Committee of Management to pay the arrears of salary, particularly when he has not worked. 5. Learned counsel for the respondent-writ petitioner on the other hand contends that there was no denial of work on the part of the writ petitioner and that it was only due to the termination effected by the management for unsustainable reasons that the writ petitioner could not work and, therefore, the direction to pay salary merits no interference. 6. We have heard Shri M.B. Singh, learned counsel for the appellant and Shri S.P. Shukla, learned counsel for the respondent. 7. It is undisputed that the writ petitioner was working in the institution from 1989 onwards and no disciplinary proceedings were ever initiated against him. It was only when occasion arose to appoint a principal that some allegations of misconduct were leveled against the writ petitioner. No inquiry, however, was instituted to prove the allegations. 8. In such circumstances, we find that learned Single Judge has rightly interfered with the order of termination on the ground that the principles of natural justice have been breached. This part of the order whereby the impugned action is set aside and a direction is issued to grant continuity of service to the writ petitioner is, therefore, sustained. 9. Learned counsel for the appellant lastly submits that in the absence of availability of funds, the direction to pay entire back wages may be substituted by issuing a direction to pay a lump sum amount. 10. This submission of appellant is not seriously disputed on behalf of the writ petitioner. 11. In the facts of the present case and with the consent of the learned counsel for the parties, we modify the part of the order directing payment of arrears of salary to the writ petitioner and substitute it with payment of a lump sum amount of Rs. 1,00,000/- towards back wages to the writ petitioner. In the event, such payment is made within a period of six weeks from today and the writ petitioner is reinstated, no further action will be required on the part of the appellant. Order Date :- 28.5.2025 K.Tiwari Digitally signed by :- KRISHNA KANT TIWARI High Court of Judicature at Allahabad