A.K. Yog, J. - (1.) At the outset learned Counsel appearing for the respective parties agreed that the writ petition, which gives rise to the present special appeal, while deciding Special Appeal, may also be disposed of, if required.
(2.) Admitted facts of the case, necessary to decide the dispute between the parties, are being recapitulated, in brief, hereinafter.
(3.) 'Shri Nehru Adarsh Higher Secondary School, Alamganj, Jaunpur' called 'the School' is a recognized institution imparting education upto High School level as contemplated under U.P. Intermediate Education Act, 1921 (as amended uptodate); petitioner-Appellant is ex-Manager of the School who had made complaints regarding illegal and fraudulent appointments in the School by one Shailendra Pratap Singh (Manager of the Committee of Management of the School/Respondent No. 5), copy of one of such complaint dated 23-7-1998/Annexure-l to the writ petition; somewhat 33 persons were found to have been appointed as Teacher/Non-Teachinp, employees without sanctioned posts being available and salary with respect to those illegal appointments were drawn on the basis of fabricated documents and by forging documents including 'order of prior approval of DIGS'; taking cognizance of the complaint/s made by the Appellant an enquiry was conducted; in the enquiry held by the Joint Director of Education, Varanasi Region, Varanasi, charges levelled in the complaint were found correct and he submitted report dated 30-10-1998 (Annexure-1 to the writ petition); DIOS also submitted report dated 13-1-1999 (Annexure-3 and 4 to the writ petition) holding that there was manipulation in the pay-bills and pay-register; huge amount from 'Salary-Account' was withdrawn with respect to such 'Farzi teachers'; the State Government took cognizance of these reports/material and the Additional Director of Education on enquiry found truth in complaint/s; Respondent No. 5 filed writ petition which was dismissed on 21-1-2000; Director of Education, after giving opportunity of hearing to the petitioner and Respondent No. 5, finally gave enquiry report on 30-3-2000 and found Shailendra Pratap Singh (Manager, Committee of Management of the School) guilty of serious financial irregularities, forgery and manipulation of papers/record and proposed action of appointment of 'Authorised Controller' as contemplated under Section 16-D, U.P. Intermediate Education Act (Annexure-9 to the petition); Director of Education vide order dated 23-11-2000 directed Joint Director of Education to proceed and send notice to Respondent No. 5 under Section 16-D, U.P. Intermediate Education Act (Annexure-10 to the petition), Additional Director of Education issued notice under Section 16D-(2) of the said Act to Respondent No. 5 (Annexure-11 to the writ petition); Shailendra Pratap Singh, Manager of Respondent No. 5 exerted political pressure upon Principal Secretary of the concerned Department of the State of U.P. as a consequence of which the Principal Secretary, Education passed order dated 25-5-2001 directing Director of Education not to take steps for appointment of 'Authorised Controller' in place of Committee of Management of the School (Annexure-13 to the petition).;