NAEEM AHMAD Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Jayant Prakash Singh, learned counsel for the petitioner, learned Standing Counsel for respondent nos.1, 2 and 3, Sri Firoz Haider, learned counsel for respondent no.4.

(2.) This writ petition has been filed praying for quashing of the order dtd. 27/4/2016 passed by the Manager, Muslim Inter College, Thakurdwara District Moradabad, as well as alleged inquiry report dtd. 5/11/2015. Further prayer has been made for direction to the respondents not to interfere in functioning of the petitioner as Principal of the institution, namely, Muslim Inter College, Thakurdwara, Moradabad and pay him arrears of his salary from the date of his suspension and also month to month salary regularly.

(3.) The case of the petitioner is that he was appointed on the post of Principal in Muslim Inter College, Thakurdwara District Moradabad (hereinafter referred to as the institution) a recognised and aided minority institution till the level of High School. His appointment was duly approved by the order dtd. 22/11/2008 passed by the Joint Director of Education, 10th Region, Morabadabad. The appointment of the petitioner was challenged by the rival candidate in question along with the Manager of the institution by way of Writ Petition No.63186 of 2008, which was ultimately dismissed on 9/4/2014 in the category of infructuous cases. The rival of the petitioner, Mohd. Ayub Ahmad, in collusion with Haji Khalil Ahmad, Manager of the institution, got an exparte inquiry conducted behind back of the petitioner and on the basis of exparte inquiry report dtd. 19/3/2009, the committee of management of institution passed a resolution dtd. 24/3/2009 dispensing with the services of the petitioner. The aforesaid resolution was challenged by the petitioner by means of Writ Petition No.18010 of 2009 before this court and this Court quashed the order dtd. 24/3/2009 terminate the service of the petitioner and allowed the writ petition by the order dtd. 25/5/2009 and thereafter petitioner was permitted to join his service from 1/6/2009 on the basis of the order of the Joint Director of Education. The Manager of the institution gave a notice dtd. 21/9/2015 to the petitioner alleging that a complaint has been received from a student of Class XI, Sonam, alleging that he has talked to Sonam on mobile phone indecently which has resulted in tarnishing the image of the college and he should show cause why disciplinary proceedings may not be initiated against him. Similar letter was received by the petitioner on the next day 22/9/2015 issued by the manager again. On 28/9/2015 the petitioner replied to the letter dtd. 21/9/2015 of the manager stating that he is being falsely implicated on account of conspiracy against him. The manager of the institution provoked the students and they indulged in arson and broke the car of the petitioner regarding which he lodged the first information report. By the order dtd. 29/9/2015 petitioner was suspended by the Manager of the committee of management of institution and the Joint Director constituted an Inquiry Committee to conduct inquiry against the petitioner. The inquiry committee called the petitioner to appear before it on 5/10/2015 and submit his documents in defence. The petitioner submitted his reply along with the supporting documents before the inquiry committee on 6/10/2015. The manager of the institution again constituted another inquiry committee on 6/10/2015 to inquire into the charges against the petitioner and new inquiry committee constituted by manager gave a charge-sheet dtd. 14/10/2015 to the petitioner to which he was directed to submit his reply. It has been stated that the charge-sheet dtd. 14/10/2015 was not served on the petitioner by the Manager and the alleged Chairman of the Inquiry Committee, namely, Dr. Mohd. Ullah Chaudhary, was the Ex-MLA and was not the member of the Committee of Management of the institution. Thereafter this Court vide Writ-C No.12168 of 2014 quashed the recognition granted to the Committee of Management of the institution by its order dtd. 16/10/2015 and Authorized Controller was appointed to look after the affairs of the institution but alleged Chairman of Inquiry Committee, Dr. Mohd. Ullah Chaudhary, continued with the inquiry against the petitioner. Without knowledge of the petitioner the locks of his college almirah were broken and the records kept therein were taken away by the Principal of the institution and Shamim Ahmad, ex-clerk of the institution, regarding which petitioner lodged another First Information Report. On 5/11/2015 an inquiry report was submitted before the District Inspector of Schools, Moradabad against the petitioner without giving him any notice or opportunity of hearing in the inquiry. After receiving the aforesaid inquiry report the District Inspector of Schools, Moradabad issued a notice to the petitioner on 26/11/2015 to appear before him for showing cause as to why the order of suspension passed against him may not be approved but petitioner could not appear before him on account of death of his father and by order dtd. 25/1/2016 the suspension of the petitioner was approved by the District Inspector of Schools aforesaid.