A.K.Yog, J. - (1.) Heard Sri Rajiv Mishra, advocate, on behalf of the petitioner and Sri Vipin Sinha, advocate assisting Sri Navin Sinha, advocate, counsel for the respondent.
(2.) Paras Nath Pandey, petitioner, was working on purely temporary basis vide appointment letter dated 11/16th September, 1987 at North Central Zone Cultural Centre, Nyaya Marg, Allahabad, (for short called 'N.C.Z.C.C.') as Hindi Stenographer (Annexure-1 to the Writ Petition). The fact that petitioner was working on temporary basis is not in dispute. N.C.Z.C.C. is said to be an authority as contemplated under Article 12, Constitution of India. Details of the complex and composition of N.C.Z.C.C. have been given in the supplementary-affidavit (sworn by petitioner, Paras Nath Pandey) which shows that it is a society registered under Registration of Societies Act. Executive Board, entrusted with the management of N.C.Z.C.C. consists of six Government officers out of total eleven members. Some of the members are from Sangeet Natak Academy and Lalit Kala Academy established by the Government of India. Chairperson of Executive Board of the N.C.Z.C.C. is to be nominated by the Central Government. N.C.Z.C.C. survives upon the funds exclusively provided by the Central Government. Its holidays are the same as that applicable to the Central Government employees (see paras 9 to 28 of the supplementary-affidavit filed with amendment application). Petitioner claims N.C.Z.C.C. is an instrumentality of the Central Government and hence an "authority" under Article 12, Constitution of India.
(3.) According to the averments contained in the petition, a first information report containing false allegations under Sections 353 and 186, I.P.C. against him, was lodged with the police station, Civil Lines, Allahabad, against the petitioner (Annexure-5 to the Writ Petition). He was acquitted on 31.3.1999 in Criminal Case No. 569 of 1998 by Special Chief Judicial Magistrate, Allahabad-registered on the basis of above referred said first information report (Annexure S.A.-1 to the supplementary-affidavit filed with application dated 20.7.1999 under Chapter XXII, Rule 1 of Rules of Court).;