Sunil Ambwani, K.N. Pandey, JJ. - (1.) WE have heard Shri O.P. Singh assisted by Shri S.K. Rao for the petitioner. Shri R.K. Ojha appears for the management-respondents.
(2.) THE petitioner was selected by the U.P. Higher Education Service Commission and was appointed as Principal of Buddha Post Graduate College, Kushi Nagar in June, 1989. He joined as Principal of the college on 5.12.1989. It is stated by him in the writ petition that he started several departments in the college and constructed buildings. THE college progressed day by day and became one of the famous colleges affiliated under Deen Dayal Upadhyay Gorakhpur University, Gorakhpur. THE petitioner's work and conduct was so good that he was considered for appointment to the post of Vice Chancellor of some other university. It is stated in the writ petition that the Committee of Management of the college is headed by an industrialist, Sardar Dilip Singh Majithiya. Shri Chandan Singh Dhillon was the Secretary of the Committee of Management of the college and Shri Rameshwar Prasad Pandey was the Joint Secretary. They wanted to use the property of the college for their personal advantage. A number of letters are annexed to the writ petition to show that the petitioner was directed by Shri Majithiya and Shri Dhillon to bear the expenditure of their travel. Many a time money was also demanded. The petitioner refused to oblige on which the management was not pleased and started interfering in the affairs of the college. The petitioner was suspended on 18.2.1999 and a first information report was lodged by College Management against him and four others in Case Crime No. 345 of 1999 under Section 408, 419, 420, 467, 468, 471 IPC. The High Court in Criminal Misc. Application No. 1940 of 2000 by order dated 8.3.2000 transferred the investigation from civil police to CBCID. The investigation is still pending.
(3.) A five member enquiry committee was appointed by the college on 24.2.1999 to enquire into the matter and submit a chargesheet for approval before the Committee of Management. Since the petitioner had made many complaints against the Secretary and the Joint Secretary, who was made the members of the enquiry committee, a representation was made by him to change the members of the enquiry committee on 1.3.1999 and 12.3.1999. These applications were ignored and chargesheet dated 16.3.1999 was prepared and was sent by registered post. The chargesheet was received by him on 21.5.1999. In the chargesheet dated 16.3.1999 running into 25 pages the petitioner was charged with administrative and financial mismanagement, misappropriation of college funds and embezzlement. He was charged with allowing a daily wage employee, who is not regular employee of the college to maintain the accounts; cash book and other accounts of the maintenance grants for which no permission was taken from the President/ Secretary of the Committee of Management. The amount spent towards maintenance of which the vouchers were annexed with the chargesheet were paid for which no work was carried out, nor there is any proof of its expenditure. All the vouchers are on plain paper and paid in cash and in this manner the petitioner has embezzled Rs. 5,15,414/-. The amounts for binding and purchase of books was spent without any demand for binding and receipt of bills. A large number of daily wage employees were engaged without taking sanction from the President of the Society. The District Magistrate was given false information about the meeting of the Committee of Management vide his letter dated 8.3.1999. The petitioner was also charged with failing to attend the meeting on the murder of a teacher of the college late Shri J.N. Singh causing disturbance and destruction of the property of the college by the agitated students. By Charge No. 3A the petitioner was charged with appointing his own wife Smt. Gyanti Singh as Lecturer in History. He had concealed the fact that she was his wife. He also appointed one Shri Ghan Shyam Rao, the Lecturer in Ancient History by manipulating his marks, whereas he was not eligible for appointment. The nomination fees of Rs. 1,43,783/- and examination fees of Rs. 3,34,270/- was misappropriated. The petitioner had charged applications fees of Rs. 20/- and admission fees of Rs. 75/- from the students and did not deposit the entire amount of Rs. 4,39,710/- in the college accounts. An amount of Rs. 4,50,741.50 was used for personal expenses. In the same manner the caution money fund, sports fund, reading room fund, B.Ed. cultural fund, examination fund, social welfare fund, development fund and the grant received from the University were misappropriated, for which a first information report was lodged against him.;