- (1.) We have heard Shri A.K. Shukla, learned Counsel for the appellant. Shri Anil Yadav appears for the Committee of Management, Bapu Laghu Madhyamik Vidyalaya, Maharajganj. Shri B.P. Singh appears for the District Basic Education Officer, Maharajganj.
(2.) The petitioner was Head Master of recognised but unaided Junior High School. He was served by the Committee of Management, a charge sheet and was placed under suspension in a meeting dated 28.11.1990. It is alleged by the Committee of Management that the petitioner did not participate in the enquiry and thus after considering the enquiry report the Committee of Management by its resolution dated 10.11.1991 resolved to terminate the petitioner's services after seeking approval of the Basic Shiksha Adhikari. The Manager of the Committee of Management was authorised to take further proceedings and to obtain approval. He, however, by order dated 11.11.1991, a date after the resolution was passed by the Committee of Management passed an order of termination of the petitioner's services. The approval was granted by the Basic Shiksha Adhikari much later by order dated 4/5.2.1993. It is alleged that thereafter no order of termination was passed and that the Committee of Management resolved to appoint new Head Master. The new Head Master was appointed on 30.6.1993. He had taken charge and is working since thereafter.
(3.) The petitioner filed Writ Petition No. 37661 of 1996 with following prayers: (i) to issue a writ, order or direction in the nature of certiorari quashing the order dated 4/5.2.1993 and the Resolution dated 10.11.1991 ( Annexure 13 and 14). (ii) to issue a writ, order or direction in the nature of mandamus directing the opposite party No. 1 to make an inquiry and recall the order dated 4/5.2.1993. (iii) to issue any suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.;