J.M.L.Sinha, J. - (1.) This is a writ petition under Article 226 of the Constitution filed by Ram Tej Pandey (hereinafter called the petitioner) praying for issue of a writ for quashing the order dated 30th October, 1974 passed by the District Inspector of Schools and for issue of a writ of mandamus directing the respondents to treat the petitioner as in service of the Institution.
(2.) The facts giving rise to this petition, very briefly stated, are as follows During the relevant period, the petitioner was employed as Head Cleric in Kisan Inter College, Parasrampur, Basti. Some enquiry was held behind the back of the petitioner and it was allegedly found that the petitioner had filed some forged certificates showing that he had passed 'Visharad Examination'. It was in consequence thereof that the impugned letter was issued by the District Inspector of Schools directing the Committee of the Management of the Institution to terminate the services of the petitioner and to report compliance. No counter-affidavit has been filed on behalf of the respondents with the result that the averments contained iD the petition remained unrebuted. It follows from those averments that the petitioner was appointed as Head Clerk in Kisan Inter college, Parasrampur, district Basti and his appointment to that post had also been approved by the District Inspector of Schools. It is further apparent from annexure 'I'' to the writ petition that the District Inspector of Schools cancelled the approval that bad been accorded by him earlier to the appointment of the petitioner, pursuant to some directions issued by the Government. The District Inspector of Schools did not exercise bis independent discretion in order to decide whether the approval accorded in favour to the petitioner should or should not be withdrawn. Further according to the averments contained in the affidavit accompanying the petition, no show cause notice whatsoever was given to the petitioner before the District Inspector of Schools issued the impugned direction directing the Committee of the Management of the college to terminate the services of the petitioner. In the context of these facts the order passed by the District inspector of Schools (Annexure 'I' to the writ petition) is unsustainable.
(3.) This writ petition is accordingly allowed and the order dated 30th October, 1974 passed by the District Inspector of Schools, Basti as contained in Annexure 'I' to the writ petition is hereby quashed. No order is made as lo costs. Petition allowed.;