- (1.) HEARD Sri R.K.Ojha, learned Senior counsel assisted by Sri Uma Nath Pandey, learned counsel for the petitioner and learned Standing Counsel for the State.
(2.) THIS writ petition was filed seeking the following reliefs: "(a) to issue a writ, order or direction in the nature of Certiorari quashing the impugned order/letter dated 11.02.2010 issued by the Under Secretary, Higher Education, Govt. of U.P., Lucknow to the Director of Higher Education (Annexure No.7) and letter/order dated 19.02.2010 issued by the Regional Higher Education Officer to the Principal of the College (Annexure No. 8). (b) to issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to close the open vigilance enquiry against the petitioner."
(3.) THE petitioner was working as Principal of a private aided College, namely Shiv Harsh Kisan Post Graduate College, Basti (herein after referred to as 'the College'). On account of certain complaints against him, a vigilance enquiry was ordered, which was conducted and a report was submitted. Based on the said report, a decision was taken on 12.05.1999 to get an open enquiry conducted against the petitioner by the Vigilance Establishment and consequently, an order dated 02.07.1999 was issued interalia stating that an entry with regard to pendency of such enquiry be made in the service record of the petitioner. Being aggrieved, the petitioner filed Writ Petition No. 43228 of 1999, which was allowed and the aforesaid order dated 02.07.1999, was quashed on the ground that there was no such provision in the State Universities Act, 1971 (for short 'the Act'), under which, the State Government could have passed such an order for making aforesaid entry in the service book of the petitioner. Any such action could only be taken by the concerned authority under the provisions of Section 60 -C of the Act and the State Government was not the authority competent.;