Arun Tandon - (1.) -Heard Shri Ashok Khare, senior advocate assisted by Shri Rishikesh Tripathi on behalf of the petitioner. Standing counsel on behalf of respondent Nos. 1 and 2. Shri Birendra Singh on behalf of respondent No. 3.
(2.) COUNSEL present for the parties are agreed that the writ petition may be disposed of at this stage. Petitioner Ram Autar Verma was working as Principal in Uchhtar Madhyamik Vidyalaya, Banda (hereinafter to be referred to as an 'Institution'). The said institution is aided and recognized under the provisions of Intermediate Education Act. In respect of certain allegations noticed against the Principal of the institution he was placed under suspension pending enquiry under resolution of the Committee of Management dated 21.2.2006. In accordance with the provisions Section 16G (6) read with 16G (7) of the Intermediate Education Act relevant papers were forwarded to the District Inspector of Schools, Banda for necessary approval of the suspension so effected. The District Inspector of Schools, Banda by means of the order dated 20.4.2006 disapproved the suspension which was effected by the Committee of Management. Feeling aggrieved by the order passed by the District Inspector of Schools, Banda the Committee of Management filed Writ Petition No. 23798/06. The writ petition was dismissed by the Hon'ble single Judge vide judgment and order dated 2.5.2006. The Committee of Management not being satisfied filed Special Appeal No. 526/06 before the Division Bench of this Court. The Division Bench vide judgment and order dated 22.5.2006 allowed the appeal filed by the Committee of Management. The order passed by the District Inspector of Schools, Banda was set-aside and District Inspector of Schools was directed to reconsider the matter in light of the observations made by the Division Bench in a time bound manner. It is worthwhile to reproduce the order passed by the Division Bench of this Court which reads as follows : "The appeal is allowed. The order dated 22.5.2006 passed by Hon'ble single Judge which is impugned before us is set-aside. It appears that in withholding of approval made by the District Inspector of Schools in his order dated 20.4.2006, he refused to consider the report of the sub committee which has been framed under Regulation 35 of Chapter III of the Regulations under the Intermediate Education Act. As such, the District Inspector of Schools shall reconsider the matter and decide himself of the notion that in the sub-committee some Government Officer has to be appointed. The said order of the District Inspector of Schools is set-aside with a direction to reconsider as above. It is put on record that 60 days from the date of suspection having elapsed with no approval of the District Inspector of Schools the suspension under issue before us has already elapsed. The District Inspector of Schools should consider the matter and pass order at the latest within 60 days from the date of production of a certified copy of this order." The District Inspector of Schools in alleged compliance of the said judgment of the Division Bench of this Court constituted a two member committee for inspection of the records of the institution. The Committee comprised of Smt. Jakhya Khan Principal, Government Girls Inter College, District Banda and Babu Lal Tripathi Principal, Government Inter College, Banda. On the basis of the report submitted by the two member Committee the District Inspector of Schools by means of the impugned order dated 17.6.2006 has approved the suspension effected by the management against the petitioner. It is against this order of the District Inspector of Schools, Banda dated 17.6.2006 that the present writ petition has been filed. Counsel for the petitioner submits that under the order of the Division Bench of this Court the District Inspector of Schools was required to consider the approval of the suspension of the Principal on the basis of the records as were transmitted by the Committee of Management in support of its resolution suspending the petitioner. The District Inspector of Schools could not have constituted an independent enquiry nor could have relied upon the report submitted by such Committee which did not form part of the proceedings of the Committee of Management and were not part of documents referable to Regulation 39 of Chapter III of the Regulations framed under the Intermediate Education Act. It is contended that even if report submitted by the two members Committee could be taken into consideration, principle of natural justice required that the District Inspector of Schools should have at least forward a copy of the report to the petitioner so that he could demonstrate the falsies in the report. It is contended on behalf of the petitioner that no opportunity of hearing was ever afforded to the petitioner by the District Inspector of Schools.
(3.) SHRI Birendra Singh on behalf of Committee of Management states that ample opportunity of hearing was afforded to the petitioner by the Committee of Management which the petitioner did not avail. Even otherwise suspension pending enquiry does not require any opportunity of hearing, reference in that regard has been made to Section 16G (6), Regulations 37 to 39 of Chapter III of the Regulations framed under the Act. In view of the aforesaid it is submitted that District Inspector of Schools was also not required under law to afford any opportunity before approving the order of suspension, specifically in the circumstances when suspension is pending under enquiry. I have heard counsel for the parties and gone through the records of the present writ petition.;