Yashoda Nandan, B.D.Agarwala, JJ. - (1.) By means of this petition Dharamvir Singh Tyagi who was admittedly a lecturer employed at J. P. Janta Intermediate College. Bulandshahr, prays for a writ of certiorari, order or direction in the nature of certiorari calling for the records of the case and quashing the order of (he Deputy Director of Education, respondent no 1, dated October 31, 1979.
(2.) Shown of all the unnecessary details, the relevant facts on which the petitioner base his claim are that since he was out of favour with the Manager, he was suspended by means of a resolution of the Committee of Management dated August 11,1975 On September 3, 1975, charges were framed and an explanation was called for from him with a view to take disciplinary proceedings against him. On November .13, 1975, the petitioner consequently filed civil suit No. 281 of 1975 in the court of the learned Civil Judge, Bulandshahr fora declaration that the suspension order dated August 11, 1975, is null and void. He also prayed for an ad-interim injunction It is alleged that when the Manager found that the order of suspension was indefensible, he persuaded the petitioner to withdraw the suit promising to permit him to resume duties. The petitioner was not awarded of the designs of the Manager, respondent no. 3 and when the order suspending him from the service urns revoked, he withdrew auk no. 281 of 1975. It is alleged that on April 3,1976, consequent upon revocation of order of suspension the petitioner was re-instated to his service at the College. On April 4, 1976, the petitioner was called to the residence of the Manager at about 8 O'clock in the morning. According to the petitioner's case at that time Sri Acharya Vachaspati, who was the Manager of the College, was General Secretary of the District Congress Committee and the declaration of emergency subsisted. The petitioner states that be was threatened with detention under Maintenance of Internal Security Act unless he submitted a resignation from, his services at the College. Thus, under threat of arrest and detention, the petitioner was compelled to sign a letter of resignation and deliver it to the Principal of he College. The petitioner's letter of resignation, it is alleged, was accepted by the Manager on the same day and its acceptance was communicated to him by the Principal of the College.
(3.) After the declaration of Emergency was revoked, on July 11,1977, the petitioner made a representation to the District Inspector of Schools voicing his grievance that the alleged resignation letter was a forced one and was not the outcome of the voluntary act of the petitioner. According to the petitioner after hearing the petitioner as well as the Manager and Principal of the College, the District Inspector of Schools respondent no 2 by means of the order dated April 10, 1978 allowed the petitioner's representation holding that the action of the Manager in accepting the resignation letter which had resulted in bis removal from service was illegal and against the provisions of law and the petitioner was directed to be restored to his post. The petitioner asserts that after the order of the District Inspector of Schools, dated April 10 1978, he joined the service of the College the same day and gave an intimation in writing of his having done so immediately. Order April 11, 1987, however, when the petitioner went to the College to join his duties, he was informed that the District Inspector of Schools had suspended the operation of his earlier order dated April 10, 1978 passed on the petitioner's representation and that he consequently could not be permitted to join the college. A copy of the order dated April 10, 1978 by which the District Inspector of Schools suspended bis earlier order of the same dated was served on the petitioner on April 12, 1978. The petitioner. consequently by means of suit No. 198 of 1978, filed in the court of the learned Munsif Bulandshahr, challenged the order of the District Inspector of Schools dated April 10, 1987, suspending the operation of the order passed by him on the petitioners representation. The learned Munsif initially granted an exparte injunction in favour of the petitioner but subsequently vacated it on May 31, 1978 The appeal preferred by the petitioner against the order of the learned Munsif vacating the order of injunction failed. It is alleged that since the State was not impleaded in the suit a&M the State Government was liable to pay the salary of teachers, it was apprehended that the suit instituted 5y him in the court of the learned Munsif was liable to be dismissed Consequently, on August 9, 1978 he applied for permission to withdraw the suit. The learned Munsif by means of his order dated September 26, 1978, however, dismissed the suit as having been withdrawn.;