- (1.) These are two writ petitions arising out of common order i.e. dated 7th January 2012 passed by the District Inspector of Schools, Azamgarh (hereinafter referred to as the "D.I.O.S."). By means of the impugned order suspension of Sri Virendra Kumar Rai Tyagi, petitioner in writ petition no. 3887 of 2012 has been disapproved but the decision of committee of management of Janta Inter College, Bazar Gosain, Harraiya, District Azamgarh (hereinafter referred to as "the College"), petitioner no.1 in writ petition no. 4887 of 2012 for not handing over charge of Principal to Sri Virendra Kumar Tyagi has been declared valid. He has further directed Sri Virendra Kumar Tyagi to continue to function as Lecturer in the college and for the period of absence he should take steps for submitting leave application before the Manager of the College for payment of salary. Since Sri Virendra Kumar Tyagi has filed writ petition earlier in point of time, therefore, I am taking his writ petition as the first writ petition and shall be referred as "teacher's writ petition".
(2.) The facts in brief giving rise to the dispute as set up in the teacher's writ petition are as under.
(3.) The College is a recognized and aided Intermediate institution governed by the provisions of U.P. Intermediate Education Act 1921 (hereinafter referred to as "Act 1921") and payment of salaries to the staff of the college is governed by U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as "Act 1971"). It is also not in dispute that recruitment of the teachers in the college is governed by U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as "Act 1982"). Petitioner Sri Tyagi was appointed as Lecturer (Geography) in the College in 1983. The initial appointment was ad hoc but the same was regularised by order dated 18.5.1994 with effect from 6.4.1991. One Sri Rajendra Prasad Rai was working as Principal and on attaining the age of superannuation, retired on 30.6.2011. The committee of management passed a resolution dated 31.7.2011 to place Sri Tyagi under suspension and constituted an inquiry committee to hold disciplinary inquiry against him. On the other hand, since no decision was taken by the management for making ad hoc arrangement in the vacancy of Principal of the College, the D.I.O.S. passed an order on 01.08.2011 approving Sri Tyagi as ad hoc Principal of the College and countersigning his signatures. Simultaneously the committee of management passed an order on 1.8.2011 placing Sri Tyagi under suspension pursuant to resolution 31.7.2011. The management appointed inquiry sub-committee to hold oral inquiry against Sri Tyagi. A chargesheet was issued by Inquiry Sub-committee on 8.8.2011 and sent it by speed post dated 8.8.2011.;