- (1.) Sri Santosh Kumar Misra, since deceased, (hereinafter referred to as the 'petitioner') has set up a case that initially he was appointed as the Assistant Teacher in L.T. Grade in January, 1972 and was confirmed on the said post in 1973 in the Institution, Shri Daivi Sampad Inter College, Mumukshu Ashram, Shahjahanpur, a recognised institution, under the U.P. Intermediate Education Act, 1921. The institution has an approved scheme of administration and a recognised Committee of Management. It was receiving grant in aid from the State government and is under the purview of the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971. The petitioner was promoted as the Lecturer in Hindi on adhoc basis in 1985 and his promotion was approved by the U.P. Secondary Education Services Commission in December, 1986 and he had started working as a permanent Lecturer from 5.1.1987. The petitioner was appointed as Chief Proctor in the institution in 1985 and continued as such up to 1992. The petitioner was elected as the Joint Secretary of Madhyamik Shikshak Sangh (Sharma Group), Shahjahanpur and he was an active worker of the Shikshak Sangh.
(2.) It was the allegation of the petitioner that the Principal of the institution was biased against him, therefore, he made a false complaint against him before the Committee of Management in 1993. The Committee of Management appointed an Enquiry Committee, consisting of two members of the Committee of Management, namely, Surendra Singh Rathore and Brijesh Chandra Saxena. Since the petitioner did not expect justice from Brijesh Chandra Saxena, therefore, he made a request from the Committee of Management to change him and appoint some other person in his place. Copy of the letter making such request is Annexure-1 to the writ petition. The Committee of Management accepted the request of the petitioner and appointed Surendra Singh Rathore alone as the Enquiry Officer to conduct the enquiry and give report. Surendra Singh Rathore conducted the enquiry and given report dated 15.4.1993. In the eqnuiry, he found that the charges were false and there was no ground to take any action against the petitioner. True copy of the allegations and the enquiry report, dated 15.4.1993, are Annexures-2 and 3 to the writ petition.
(3.) Thereafter, the petitioner was placed under suspension by the committee of management on 14.10.1995 on the charges of embezzlement, misconduct and insubordination. The suspension order was approved by the District Inspector of Schools on 11.12.1995, but subsequently it was revoked on 18.7.1996. Against the revocation order, the Committee of Management filed Writ Petition No. 24433 of 1996. No interim order was passed in the writ petition. Meanwhile, it appears that Brijesh Chandra Saxena, against whom the petitioner made allegations of being biased, became Manager of the institution and also was appointed as the Enquiry Officer by the Committee of Management.;