Vineet Saran, J - (1.) Heard Sri Shashi Nandan and Sri Anil Bhushan, learned Counsel appearing for the petitioners as well as learned Standing Counsel for respondent Nos. 1 and 2 and Sri Ashok Khare, learned Senior Counsel assisted by Sri R.C. Dwivedi and Sri A.K. Pandey for respondent No. 3.
(2.) By means of this writ petition the petitioners have challenged the order dated 22.11.2002 passed by the District Inspector of Schools, Firozabad Under Section 16-G (8) of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act) revoking its earlier order approving the suspension of the respondent No. 3 and have also prayed for a direction to the District Inspector of Schools, Firozabad to forward the papers submitted by the Committee of Management relating to the termination of the services of respondent No. 3.
(3.) Briefly, the facts of this case arc that the petitioner Committee of Management had lodged a First Information Report on 5.1.2002 against respondent No. 3 Mahendra Kumar Gupta leveling serious charges against the said respondent No. 3. On 25.1.2002 the petitioner Committee of Management passed a resolution to suspend respondent No. 3 and on the same date the order suspending respondent No. 3 was passed and the same was sent for approval to the District Inspector of Schools as provided under the Act. The District Inspector of Schools accorded approval to the suspension of respondent No. 3 on 29.5.2002. The said order of the District Inspector of Schools was challenged by respondent No. 3 in Writ Petition No. 33937 of 2002, which was dismissed by this Court on 19.8.2002 with an observation that the enquiry against the respondent may be concluded expeditiously preferably within three months from the date on which a certified copy of the order is served upon the Committee of Management. The enquiry as contemplated was concluded and the enquiry report was submitted on 15.11.2002 and on the basis of the said report the Committee of Management passed a resolution on 17.11.2002 deciding to terminate the services of respondent No. 3 Mahendra Kumar Gupta. The proposal of the Committee of Management for terminating the services of respondent No. 3 was sent to the U.P. Secondary Education Service Selection Board, Allahabad through the District Inspector of Schools on 21.11.2002. It has been stated at the bar that the said proposal of the Committee of Management is still pending with the District Inspector of Schools.;