S. R. Singh, J. - (1.) THE writ petition is directed against the order dated 8-7-86, 14-7-86 and 16-7-86 passed by the respondents 2, 3 and 4 and annexed as annexures-27, 28 and 29 respectively. By means of the order contained in communication dated 8-7-86, the Director of Education, U. P., Allahabad seems to have addressed the Regional Inspectress of Girls School, Meerut thai in view of inquiry report submitted by the High Level Inquiry Committee, the appointment of the petitioner was wholly illegal. Accordingly, the Director of Education required the Regional Inspectress of Girls School Meerut by means of the said letter to take effective action in the matter. THE Regional Inspectress of Girls School, Meerut in her turn invited the attention of the District Inspector of Schools, Muzaffarnagar vide letter dated 14-7-86 towards the aforesaid letter addressed by the Director of Education to the Regional Inspectress of Girls School. It was in pursuance of the direction contained in the aforesaid letter dated 8-7-86 that the District Inspector of School, Muzaffarnagar, issued the impugned order contained in letter dated 16-7-86 addressed to the Regional Inspectress of Girls School, Meerut to the effect that in view of the fact that the appointment of the petitioner having been held to be illegal, it would not be possible to pay any salary to her. It is the validity of this order which has been challenged in the present writ petition.
(2.) I have heard learned counsel for the petitioner and Sri V. K. Shukla learned counsel appearing for the authorised controller and the learned Standing Counsel appearing for the State. The facts giving rise to the writ petition are not in dispute. The post of Librarian-Cum-Clerk in the college fell vacant on 22-9-1980 due to the resignation of the incumbent Km. Manju Sharma. The vacancy was advertised on 30-11-80. The petitioner applied and was selected for appointment on the post in question. The Regional Inspectress of Girls School granted approval to the selection and appointment of the petitioner vide order dated 23-1-81. The copy of the said order is annexed as annexure-3 to the writ petition. It appears that the management made some complaint in the matter whereupon the matter -was inquired into by the Regional Inspectress of Girls School who reaffirmed and reconfirmed the validity of the petitioner's appointment vide order contained in the letter dated 27-4-81 (annexure-4 to the writ petition) and issued a direction for payment of salary to the petitioner vide order contained in the letter dated 4-5-81. The Deputy Director of Education, Meerut, too, by his order dated 1-5-84 upheld the validity of petitioner's appointment. It further transpires from the record that at the behest of the Director of Education, Uttar Pradesh a detailed inquiry was held as to the validity of the petitioner's appointment and the Regional Inspectress of Girls School by her order dated 13-5-86 (annexure-23 to the writ petition) reaffirmed the validity of the petitioner's appointment. The so-called High Level Inquiry at the Government Stage was, as is established from the record, not at all conducted in consonance with the provisions of natural justice. At no stage, the petitioner was afforded any opportunity of hearing so much so that the copy of the inquiry report dated 30-11-85 was never furnished to the petitioner and she-was never called upon to have her say in the matter at any stage before or after the impugned order were passed.
(3.) IN any case, the Director of Education has not acted in the matter in his independent exercise of discretion. INstead he appears to have succumbed to the pressure of the political power the presence of which would be crystal clear from 'he letter dated 14-6-85 (annexure-18) of the R.I.G.S. addressed to Additional Director of Education, the relevant portion of which reads as below : "Shrimati Kamlesh Gupta sahayak lipik ke vetan bhugtan ke sambandh men Zila Vidyalaya Nirikshak (Mu. Nagar) jo vidyalaya ke pradhtkrit niyantrak bhi hai ne apne A. Sha. patrank Shi. Shi-1 76-77/85-86 dinank 3-5-85 evam apne A. Sha. Patrank 1-137-39/85-S6 dinank 12-6-85 dwara is karyalaya ko suchit kiya hai kee dinank 29-5-85 evam 11-6-85 ko mananiya Sree Hukum Singh Rajya Mantri Sansadiya Karya, U. P. ne apne niwas sthan par bulakar Shrimati Gupta ko niyukti ke sambandh me evam vetan bhugtan karne me atyadhik aprasannata vyakta karte huye kathor nirdesh diye haafn ki jo vetan bhugtan Shrimati Gupta ko kiya ja raha hai, wah abaidhanik hai. Mananiya mantri ji ka kahna hai ki Shrimati Gupta ko kisi bhi sthiti me bhugtan na kiya jaye. Kenyoki Shrimati Kamlesh Gupta ki niyukti aniyamit hai. Tatha unhone vidyalaya me kabhi karyabhar grahan nahi kiya hai. Ukta sthiti me Zila Vidyalaya Nirikshak (Mu. Nagar) ne Shrimati Gupta ko vetan bhugtan me asamarthata prakat kee hai. Atah ukta prakaran men, main apeksha karti hun ke vibhagiya adeshon ke viparit mananiya mantri ji ke adeshon ka kis star par palan kiya jaye. Kripaya uchit nirdesh dene ki kripa karen." In my opinion, the impugned orders having been passed in utter disregard of the principles of natural justiee are not only illegal but void-ab-initio. As stated hereinbefore, the petitioner's appointment was validly approved by the competent authority, that is the Regional Inspectress of Girls School, and the Deputy Director of Education Meerut and the controversy about the validity of her appointment was set at rest by means of the orders dated 27-4-1981, 11-5-84 and 13-5-86. These orders were allowed to become final. My attention has not been invited to any provision in the Intermediate Education Act or the Regulations made thereunder conferring any appellate or revisional power upon the Director or the State Government to review the decision taken by Regional Inspectress of Girls School, Deputy Director of Education in respect of a clerical post.;