Ashok Bhushan, J. - (1.) These two writ petitions involve common question of facts and law hence are being decided together. In both the writ petitions counter and rejoinder-affidavits have been exchanged and with the consent of the parties the writ petitions are being finally decided.
(2.) Facts of the case as emerge from the pleadings of both the parties in above two writ petitions are as follows : There is a recognised institution, namely, Chandi Vidyalaya Intermediate College, Pilkhuwa, district Ghaziabad. The said institution is receiving grant-in-aid from the State Government and governed by the U. P. Act No. 24 of 1971. Petitioner who has described himself as Brij Raj Swarup Bhatnagar in the first writ petition (16532 of 1994) and as Brij Swarup Bhatnagar in second writ petition (17510 of 1995) claimed to be appointed as lecturer Biology on 12.7.1971 in the college. Post of Principal fell vacant due to retirement of permanent incumbent. Sri C.L. Goyal was officiating as Principal who retired on 30.6.1992 and thereafter the charge was given to one Sri Ram Singh, Sri Ram Singh expressed his inability to work as officiating Principal on which Committee of Management passed resolution on 24.12.1992 accepting his resignation and appointing the petitioner as officiating Principal. Petitioner claims that he took charge as officiating Principal on 25.12.1992 and started working. Petitioner stated in the writ petition that one Bramha Jeet Singh Raghav was working as L..T. Grade teacher, on account of personal bias, made a complaint vide his letter dated 5.11.1993 to the Manager alleging that educational certificates of the petitioner are forged. The District Inspector of Schools directed the petitioner to produce his original certificates in person on which petitioner claims that he personally went to the District Inspector of Schools and produced his original certificates. Petitioner also filed his affidavit before the District Inspector of Schools that the certificates are genuine. Sri Bramha Jeet Singh Raghav lodged a first information report against the petitioner under Sections 419, 420, 467, 468 and 471, I.P.C. which was registered at the police station Pilkhuwa, district Ghaziabad. The District Inspector of Schools passed an order dated 16.3.1994 directing the Manager of the Committee of Management that petitioner be removed from the office of the Principal and senior most teacher be given the charge of officiating Principal. The District Inspector of Schools in his order stated that a criminal case has been registered against the petitioner on the basis of which case is pending in the Court against the petitioner due to which petitioner cannot be allowed to function on the post of Principal which is a prestigious office. The first writ petition has been filed by the petitioner challenging the said order dated 16.3.1994 passed by the District Inspector of Schools and a further prayer has been made praying for a direction to the respondents that they may not remove the petitioner from the post of officiating Principal and permit the petitioner to continue.
(3.) After passing of the order dated 16.3.1994 by the District Inspector of Schools, he appointed Ram Singh lecturer as Central Superintendent for conducting Board examination. A letter was issued on 3.4.1994 to the officiating Principal for handing over charge to Ram Singh. The District Inspector of Schools again issued a letter on 11.5.1994 to the Manager directing that the charge be not given to Ram Singh since he was once given charge but he declined. It was directed that next lecturer in the seniority after Brij Raj Swarup Bhatnagar be given the charge. On 13.6.1994 the District Inspector of Schools again directed the Manager to give charge to Madan Pal Singh Sisodia as officiating Principal Petitioner has further alleged in second writ petition that inquiry was conducted by a sub- committee regarding educational certificates of the petitioner and which committee submitted report and the Committee of Management approved the said report in its meeting dated 11.7.1994. The District Inspector of Schools again wrote to the Manager on 19.11.1994 that the Manager has not conducted any inquiry regarding Post Graduate Degree and residence of the petitioner. It was stated by the District Inspector of Schools that if the Manager does not hold inquiry, action will be taken in accordance with the Intermediate Education Act. Management send letter dated 21.11.1994 to the District Inspector of Schools referring to the interim order passed in the Writ Petition No. 16532 of 1994 dated 12.5.1994 and submitted the sub-committee's report. In the meantime, police of police station Pilkhuwa completed the inquiry and sent a report to the District Inspector of Schools. The District Inspector of Schools again wrote on 8.12.1994 to the Management for taking action against the petitioner. A further order was issued on 26.12.1994 by the District Inspector of Schools in which it was mentioned that the police report dated 17.11.1994 proves that Sri Brij Raj Swarup Bhatnagar who 15 working as officiating Principal of college is not Sri Brij Raj Swarup Bhatnagar and he has obtained appointment on the basis of certificate of one Sri Brij Raj Swarup Bhatnagar who is working at B.S. Mehta Post Graduate College of Science Bharwari, district Allahabad. It was further stated that the petitioner is a fictitious person and withdrawal of his salary from the Government treasury is illegal. The District Inspector of Schools again threatened the Management to take action under the Intermediate Education Act if the management do not take the stern administrative action, it was stated that action will be taken under Section 4 of the U. P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 against the management. The Manager thereafter issued a letter dated 26.12.1994 to the petitioner to hand over charge to Madan Pal Singh Sisodia. The District Inspector of Schools on 24-1-1995 again wrote to the Manager reiterating the contents of his earlier letter dated 26.12.1994 along with the letter District Inspector of Schools also sent a copy of the police report dated 17.11.1994 of the police station Pilkhuwa in which the petitioner was said to be a fictitious person. The Manager issued a letter on 16.5.1995 for stopping salary to the petitioner in view of the letter of the District Inspector of Schools dated 24.1.1995. The letter of the Manager further stated that salary of the petitioner be stopped till Sri Brij Raj Swarup Bhatnagar is not acquitted from the criminal charge by the Court. Petitioner filed second writ petition challenging the order dated 16.5.1995 and 24.1.1995. Annexures-25 and 26 to the writ petition.;