S.P. Singh, J. - (1.) Heard Sri Sudhakar Pandey, leafned counsel for the petitioners and learned Standard Counsel appearing Standing Authorities as also Sri B.N. Tewari, learned counsel appearing for the principal of the Institution who has filed an application for impleadment.
(2.) Having Board the learned counsel for the parties and having regard to averments made in Paragraphs 4, 6 and 8 of the counter-affidavit filed on behalf or the District Inspector of Schools, I am of the view that the petitioners have misused the process of court and the petition is liable to be dismissed. For ready reference the averments made in Paragraphs 4, 6 and 9 of the counter-affidavit filed on behalf of the District Inspector of Schools are quoted below : ...[VERNACULAR TEXT OMITTED]... 3. The writ petition was filed for issuance of a writ, order or direction i n the nature of certiorari quashing the order dated 4-3-1992 (Annexure-1 to the writ petition). In fact the impugned order is not an order rather it is a notice whereby the Manager/Principal of the institution were required to produce the relevant record to justify the giving of financial sanction regarding payment of salary to teachers and other employees mentioned therein. Instead of producing the relevant record the complying with the said notice, the petitioners were ill-advised to rush up to this Court The interim order dated 10-8-1992 suspending the impugned order dated 4-3-1992 was a result of misrepresentation. On the averments made in Paragraph 8 of the counter-affidavit it further appears that the petitioners managed to get one month's salary by playing fraud on the authorities In the circumstances of the case, therefore, the writ petition is liable to be dismissed with penal cost which I assess to be Rs. 5,000/- (Five thousand only). 4. Accordingly the writ petition is dismissed with penal cost which I assess to be Rs. 5,000/- payable within a month in account No 244 operated by the Chief Standing Counsel, High Court, Allahabad The petitioners shall be jointly and severally liable to pay the cost. The interim order stands vacated. Petition dismissed.;