- (1.) This is an intra court appeal, filed by respondent no.4/Appellant (hereinafter referred as the appellant), assailing the correctness of judgment and order dated 30th May, 2013 passed in Writ Petition No. 1327 (S/S) of2013; Shyam Lal Verma Vs. State of U.P. and others, whereby the writ petition was allowed and the disciplinary proceedings including the charge sheet no. 1/2009 dated 9th November, 2009 and resolution dated 29th December,2011 were quashed.
(2.) The aforesaid writ petition was filed by petitioner who is respondent no.1 in the present appeal (hereinafter referred to as respondent no.1) with the averments that respondent no.1 was appointed on the post of head master of Sri Nehru Inter College, Katghar Raebareili managed by the appellant on 26th March, 1992. In December, 2006 Shishupal Singh was elected as the manager and started to harass the employees and further to misuse the fees collected from the students. On the pretext of forging fake marksheet and transfer certificate an FIR was lodged against the respondent no.1 and two others. After investigating final report was submitted in that matter. In the mean time respondent no.1 was placed under suspension and disciplinary proceedings were initiated vide charge sheet dated 9th November, 2009. Consequent the rule convener of the Inquiry Committee submitted the inquiry report dated 4th June, 2010 thereby exonerating the respondent no.1 from the charges levelled against him but the then manager Shsishu Pal Singh procured the resignation of the Convener and appointed Sri Dhirendra Singh as Convener of the Inquiry Committee who ex-parte proceeded in the matter and submitted the enquiry report holding the respondent no.1 guilty, thereon the appellant passed resolution dated 29th December, 2011 dismissing the respondent no.4 from the post of head master.
(3.) In the mean time various writ petitions were filed. In the present one according to respondent no.1 he had not been paid subsistence allowance since January, 2012. In this backdrop he prayed order issuing a writ in the nature of certiorari quashing the entire disciplinary proceedings along with charge sheet with all consequential benefits.;