DEVI PRASAD SINGH,J - (1.) IN these writ petitions, common question of facts and law are involved, hence are being decided by present common judgment. Writ Petition No.11 of 2004 is taken as leading writ petition.
(2.) THESE are the petitions under Art. 226 of the Constitution of India. Substantial question of law of public importance involved in the present writ petition is whether on the recommendation and finding recorded by Lokayukta, a statutory authority under U.P. Lokayuktas Act, 1975 (in short, 1975 Act), services of an employee, may be dispensed with without following service rules. In the present case, the petitioner happens to be the officer/Scientists of a body constituted under Societies Registration Act. The further question involved is whether an action may be taken by an authority of Society not empowered under the Memorandum or Rules of the Association ? (i) FACTS AND RULES Keeping in view the lengthy argument and pleading pressed by parties' counsel, the writ petitions are decided under the following heads :- (i) Facts and Rules (ii) Appointment of Director (iii) Defence set up by the respondents and filing of false affidavit (iv) Proceeding before Lokayukta (v) Recommendation of Lokayukta (vi) Natural Justice (vii) Concealment of Fact and Abuse of Power (viii) Finding (ix) Order
(3.) THE respondent No.1, Remote Sensing Application Centre, Lucknow (in short, Centre) is a body constituted under Societies Registration Act, governed by its Memorandum and Rules of Association. The rules of Association contains the provision conferring power on its different authorities to manage the affairs of Association. The centre has published an advertisement No.1/99 in October 1990 inviting applications for appointment on the post of its Director from Scientist of repute having five years experience at higher level of responsibility, managerial experience in project, planning formulation, implementation, evaluation and administrative experience. The advertisement (Annexure-4) requires following essential qualification : "Ph.D in any Natural Science discipline with more than 10 years of working experiences emphasising in the field of remote sensing applications/M.Sc in any Natural Science discipline with 20 years working experience in related field having outstanding research project and applications work." ;