- (1.) Petitioner before this Court is employed as Lecturer in 1 Kakori Shaheed Inter College, Jalalabad, Shahjhanpur. He was placed under suspension pending enquiry into the charges by the Committee of Management of the institution. The order of suspension dated 31.3.2010 was subjected to challenge by means of writ petition No. 23714 of 2010. The writ Court while entertaining the writ petition, vide order dated 29.4.2010, stayed the order dated 31.3.2010. The stay order was challenged by the Committee of Management by way of Special Appeal No. 803 of 2010 before the Division Bench of this Court. The Division Bench after setting aside the interim order of the writ Court pleased to issue the following direction and disposed of the Special Appeal: "We, therefore, dispose of the special appeal with a direction to the Enquiry Officer to conclude the enquiry within two months and the Enquiry Officer shall be other than Krishna Murari. The respondent No. 4 shall remain suspended. If the enquiry is completed and if in the enquiry he is exonerated, the order of suspension shall cease to remain in operation. However, if in the enquiry the charges are proved then the Committee of Management shall refer the matter to the U.P. Secondary Education Services Selection Board, which shall take a decision in accordance with law within two months thereafter. The respondent No. 4 shall co-operate in the enquiry. As nothing remains to be decided in the writ petition giving rise to the present appeal, the same is also disposed of."
(2.) The Appellate Court permitted only two months' time to the Enquiry Officer to complete the proceedings with a direction that the Manager of the institution will not act the Enquiry Officer. The Committee of Management, therefore, resolved that the enquiry be conducted through one Pankaj Kumar Saxena, member of the Committee of Management. A charge-sheet was served upon the petitioner thereafter. However Pankaj Kumar Saxena by means of his letter dated 26.4.2010 informed the Committee of Management that he will not be able to discharge his duties as he is being threatened by the petitioner. Therefore, he resigned. The Committee of Management in these circumstances decided to appoint one Sandeep Mishra, Member of the Committee of Management as Enquiry Officer and accordingly the petitioner was informed of the appointment of new Enquiry Officer, therefore, he must extend co-operation by submitting his reply. It is against this order that the present writ petition has been filed.
(3.) On behalf of the petitioner it is contended that under Regulation 35 of Chapter III of the Intermediate Education Act, enquiry against the conduct of a teacher can be held by the Manager or by the Principal of the institution only, therefore, the appointment of a member of the Committee of Management as Enquiry Officer is illegal.;