Tarun Agarwala, J. - (1.) A clear vacancy of a teacher in Commerce in L.T. Grade arose in D.A.V. Intermediate College, Banda. The Committee of Management appointed Sri Prakash Dwivedi on 1.3.1986 on an adhoc basis up to the period 20.5.1986 or till such time as a regular appointee of the Commission was appointed, whichever was earlier. This appointment of Sri Prakash Dwivedi was approved by the District Inspector of Schools. The appointment of Sri Prakash Dwivedi came to an end on 20.5.1986, even though, no regular appointment was made by the Commission. According to Sri Prakash Dwivedi, when the college re-opened after the vacation, the Committee of Management requested him to continue and therefore Sri Prakash Dwivedi, continued to teach, but the salary was not paid. It transpires that the Committee of Management by a letter dated 16.8.1986 again sought permission from the District Inspector of Schools for making an adhoc appointment which was granted by an order dated 29.8.1986. On this basis, the post was advertised on 9.10.1986 and Sri Prakash Dwivedi was again selected. The management sought approval of this appointment which remained pending before the District Inspector of Schools. In the meanwhile, Sri Prakash Dwivedi filed writ petition No. 6704 of 1987 praying for a writ of mandamus directing the. District Inspector of Schools to treat Sri Prakash Dwivedi as continuous in service till his services were terminated in accordance with law or till a candidate recommended by the Commission or the Board joins the said post. Sri Prakash Dwivedi further prayed that the salary should also be paid to him till a regularly selected candidate was appointed by the Commission. This petition was disposed of at the admission stage itself without inviting any counter affidavit either from the District Inspector of Schools or from the Committee of Management. It was contended in the said writ petition that even though his appointment came to an end on 20.5.1986 but he continued to work on the request of the Committee of Management on the re-opening of the institution and that his salary from 21.5.1986 onwards was not paid. This Court by an exparte judgment dated 9.7.1987 disposed of the writ petition at the initial stage itself, without inviting a counter affidavit either from the District Inspector of Schools or from the Committee of Management, and, directed the District Inspector of Schools to reconsider the case of the petitioner with regard to the payment of salary, in the event, the services of Sri Prakash Dwivedi had not been terminated in accordance with law and, that no selection of a teacher had been made by the Commission. Based on the aforesaid direction, the District Inspector of Schools considered the matter and by an order dated 29.6.1987 rejected the representation of Sri Prakash Dwivedi. The District Inspector of Schools held that the appointment of Sri Prakash Dwivedi was purely on an adhoc basis which came to an end on 20.5.1986 and which was in accordance with the terms and conditions of the appointment letter. The District Inspector of Schools further held that after reopening of the institution after the summer vacation, Sri Prakash Dwivedi did not attend the institution and, therefore, was not entitled for the salary from the period 20.5.1986 onwards. This order was challenged by Sri Prakash Dwivedi by means of writ petition No. 13853 of 1987 which was entertained and an interim order dated 22.7.1987 was passed staying the operation of the order of the District Inspector of Schools. This Court further directed the District Inspector of Schools to pay the salary w.e.f. 20.5.1986. Subsequently, the interim order dated 22.7.1987 was modified to the effect that Sri Prakash Dwivedi shall not be entitled for the salary for the period during which he had not worked in the institution. Based on the interim orders, Sri Prakash Dwivedi was allowed to join the institution w.e.f. 24.11.1987 and this date was also recorded in his Service Book, as the date of joining.
(2.) After 13 years, Sri Prakash Dwivedi filed an application under Section 156(3) of the Criminal Procedure Code before the Chief Judicial Magistrate, Banda alleging that the Principal of the institution had committed a forgery in the Service Book of Sri Prakash Dwivedi and had wrongly recorded 24.11.1987 as the date of his joining. The Principal of the institution preferred a criminal revision and his arrest was stayed till the submission of the report under Section 172(2) of the Criminal Procedure Code. The Committee of Management took a serious view of this matter and accordingly resolved on 13.1.2001 to suspend Sri Prakash Dwivedi and by an order dated 1.2.2001 suspended Sri Prakash Dwivedi and forwarded the papers to the District Inspector of Schools for approval. The District Inspector of Schools by an order dated 30.3.2001 disapproved the suspension order on the ground that the Principal was a member of the Committee of Management which resolved to pass the suspension order and that the complaint made by Sri Prakash Dwivedi was against the Principal and that the Principal should not have been a party to that resolution. The order of the District Inspector of Schools dated 30.3.2001 was challenged by the Committee of Management by means of writ petition No. 14323 of 2001. This Court issued an interim order dated 17.4.2001 staying the order of the District Inspector of Schools. As a result of the interim order, Sri Prakash Dwivedi remained under suspension.
(3.) Subsequently, a charge sheet was issued and an Enquiry Officer was appointed. Since Sri Prakash Dwivedi did not participate in the enquiry proceedings, the Enquiry Officer submitted his report which was considered by the Committee of Management and it decided to give an opportunity of hearing to Sri Prakash Dwivedi before taking a final decision. Since Sri Prakash Dwivedi did not turn up inspite of receiving the notice, the Committee of Management resolved on 4.2.2002 to terminate the services of Sri Prakash Dwivedi as a teacher of the institution and by letter dated 12.2.2002 forwarded the papers to the U.P. Secondary Education Service Selection Board, Allahabad for approval. While the matter was pending consideration before the Board, the District Inspector of Schools passed an order dated 13.9.2002 under Section 5 of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 holding that the salary account of the institution would be operated by the Inspector alone. The District Inspector of Schools passed the aforesaid order on the ground that the order of termination of Sri Prakash Dwivedi was passed by the Management without seeking previous approval from the Board and, therefore, the order of termination was void and Sri Prakash Dwivedi was, therefore, entitled for the salary. Further the Committee of Management refused to send the salary bill of Sri Prakash Dwivedi, consequently, the impugned order of single operation of the salary account was passed. The order dated 13.9.2002 passed by the District Inspector of Schools was challenged by the Committee of Management in writ petition No. 42900 of 2002 which was entertained and an interim order dated 21.10.2002 was passed staying the operation of the order of the District Inspector of Schools dated 13.9.2002. This Court further directed that Sri Prakash Dwivedi was entitled to receive the suspension allowance till the matter of approval was decided by the Board. It transpires that Sri Prakash Dwivedi filed a Special Appeal No. 1214 of 2002 which was dismissed by a judgment dated 13.1.2002.;