M.Katju, Umeshwar Pandey, JJ. - (1.) This Special Appeal has been filed against the impugned judgment of the learned Single Judge dated 5-7-2004.
(2.) We have carefully perused the impugned judgment and have heard the learned Counsel for the parties.
(3.) The petitioner is a Committee of Management of a Degree College in Moradabad There were very serious allegations against the petitioner, which have been set out in detail in the impugned judgment On internal page 3 of the impugned judgment, there are five serious charges of financial irregularities, which have been quoted therein e.g. that the College Management, has illegally transferred Rs. 50,00,000/- to the Hindu Educational Society from the College fund, that the College received. Rs. 260/- per private candidate instead of prescribed amount of Rs. 60/only for recommending their exam forms to the University and from the account, illegally transferred Rs. 10,75,000/- to the Hindu Education Society etc. Hence the State Government issued notice Under Section 57 of the U.P. State Universities Act and has also passed an order dated 18-6-2003 suspending the Management and appointing an authorised Controller Under Section 58(2) of the Act.;