SUDHIR AGARWAL,J. - (1.) HEARD Sri Indra Raj Singh, learned counsel for the petitioner, learned Standing Counsel for the respondents and perused the record.
(2.) THE petitioner Naresh Chandra Verma, working as Principal, Shankar Anglo Vedic Inter College, Bharthana, Etawah (hereinafter referred to as "College") is aggrieved by order dated 16.01.2012 passed by District Inspector of Schools, Etawah (hereinafter referred to as "DIOS") directing for recovery of Rs.2,14,430/- from the petitioner for alleged disbursement of scholarship to 438 students, which is found to be a forged list of students and has resulted in misappropriation and embezzlement of scholarship funds to the aforesaid extent. The facts, in brief, are that College is a recognized Secondary educational institution imparting education upto Class XII. It is governed by the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as "1921 Act") and in the matter of payment of salary, it is governed by Uttar Pradesh High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as "1971 Act"). For the purpose of recruitment it is regulated by Uttar Pradesh Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as "1982 Act"). The petitioner was appointed as Lecturer in the College after being selected and recommended by U.P. Secondary Education Services Selection Board on 9.10.1992. It is said that erstwhile permanent Principal Sri Virendra Kumar Srivastava retired on attaining the age of superannuation on 30 th June, 2003 whereafter charge was given to one Anil Kumar, senior most Lecturer in the College and he worked upto 5th March, 2010. On the one hand petitioner has pleaded in para 7 of writ petition that Sri Anil Kumar did not hand over charge of the office of Principal to anyone else though petitioner was selected and recommended for appointment as Principal of College on 6.3.2010 but simultaneously he has also not disputed of submitting salary bills of teachers of College and discharging duties of Principal, as is evident from para 9 of the writ petition.
(3.) A complaint was made by Sri Anil Kumar regarding forged and fictitious withdrawal of scholarship money meant for students of Class 6, 7 and 8. The DIOS got the matter enquired through Sri Kripa Shankar Verma, Assistant DIOS cum Principal, G.I.C. Bharthana and Prem Chandra, Finance and Accounts Officer. Instead of submitting reply in respect to genuinity of students for whom scholarship alleged to have been paid in the session 2009-10 and 2010-11, the petitioner indulged in demanding copies of complaint etc. and thereby tried to delay the proceedings. The DIOS, however, proceeded and issued order for recovery of embezzled amount on the basis of enquiry report dated 2.1.2012 submitted by Committee of aforesaid two officers, namely Associate DIOS and Finance and Accounts Officer. The Enquiry Committee submitted report that list of 438 students was fabricated and thereagainst, in the year 2010-11 a sum of Rs.2,14,430/- was withdrawn from the funds of District Social Welfare Department and District Backward Class Welfare Department and has been embezzled. The petitioner has also filed a supplementary affidavit placing on record Government Order dated 16.8.2004 which provides that payment of scholarship shall be made to the students through bank account of nationalized bank and for such disbursement, Principal shall be the Competent Authority. The relevant provisions in para 6(2), 8(b) and (c) may be reproduced as under: ...[VERNACULAR TEXT OMMITED]... "6-Sanction and disbursement of scholarships 2-A list of government and non-government recognised schools will be made available to District Social Welfare Officer by July 31 by District Basic Shiksha Adhikari/District Inspector of Schools. 8 (b) The amount of scholarship shall be transferred to scholarship accounts of the schools by District Social Welfare Officer on the basis of list of eligible students obtained from the Education Department. The scholarship account will be operated in nationalised bank under the joint signature of the principal of school and the senior most literate member on the basis of age of general category of School Committee. Scholarships will be provided in cash to the students studying in classes 1 to 8 and the scholarships will be disbursed to the students studying in the classes above class 8 by transferring the amounts into their bank accounts. (c) After the disbursement of scholarships, the list of beneficiary students with the details of amounts disbursed to them will be made available to District Social Welfare Officer by the principal and after the disbursement it will be the responsibility of the principal of school to return the remaining amount to District Social Welfare Officer." ;