Ajoy Nath Ray, Ashok Bhushan, JJ. - (1.) This is an appeal from an order passed by Hon'ble Mr. Justice V.K. Shukla dated 10th August, 2005, whereby his Lordship has quashed an order passed by the District Inspector of Schools on 14.7.2005, working the order of suspension imposed on the appellant by the College Committee. His Lordship has remanded the matter for re-consideration by the District Inspector of Schools. That order by the D% was passed by in exercise of power under Section 16-G (8) of the U.P. Intermediate Education Act, 1921. The said sub-section is set out below:( 8)- "If, at any time, the Inspector is satisfied that disciplinary proceedings against the Head of Institution or teacher are being delayed, for no fault of the Head of Institution or the teacher, the Inspector may, after affording opportunity to the Management to make representation revoke an order of suspension passed under this section ".
(2.) The facts leading to the suspension are more or less these, as collected from the merging committee and the Head Master, who is under suspension and is the appellant. The Head Master's version is that on 23.3.2005, by mistake he tore open a sealed packet and distributed as Invigilator to 11 students the U.P. Board Paper for Maths-II (Elementary Maths, the examination on which subject was to be held on 29.3.2005. According to him, he immediately collected the papers back and kept those in his room. He states that he informed the District Inspector of Schools of this on 23.3.2005 itself; no letter is annexed in this regard; leave was asked for from us to produce the letter, but it appears that nobody has yet asked the appellant whether this letter exists or not. Giving leave at this stage would encourage fabricating material; at least, it might, encourage such fabrication.
(3.) The version of the Committee of Management is that on 24.3.2005, information was received by the authorities from somebody unknown to the Committee. As a result by the High Power Team, the Sub-Divisional Magistrate (sic) a raid in the School premises and found that the Head Master's room was locked and that he has runaway. According to them, the room was found to contain the opened papers for the 29.3.2005 examination, a Xerox Machine and Rs. 11,000/( Rupees Eleven Thousand) in cash.;