- (1.) Heard Shri Ashok Khare, learned senior counsel assisted by Shri Uma Nath Pandey for the petitioners, Shri R.K. Ojha, learned senior counsel assisted by Shri Ashish Kumar Srivastava for the respondent no. 3 and Shri C.B. Yadav, learned senior counsel-Addl. Advocate General for the respondents no. 1 and 2.
(2.) The petitioner is the Committee of Managemenht of Shri Gyan Chandra Jain Vaidya Inter College and is seeking quashing of the order dated 5.3.2016 passed by the District Inspector of Schools Etawah disapproving the order dated 4.1.2016 whereby the respondent no. 3-Rakesh Narayan Dwivedi was placed under suspension by the petitioner-Committee of Management.
(3.) Briefly stated the facts of the case are that there is an Institution known as Shri Gyan Chandra Jain Vaidya Inter College (hereinafter referred to as the Institution) which is on the grant in aid list of the Government and to which the Payment of Salary of Teaching and non Teaching Staff Rules, 1971 are also applicable. The permanent Principal of the Institution one Shri Ranjit Singh retired on 30.6.2012 and thereafter a decision was taken by the Committee of Management to appoint the senior most Teacher of the Institution as officiating Principal till a regularly selected Principal becomes available through the U.P. Secondary Education Service Selection Board. It is on these facts that the respondent no. 3 took over charge of officiating Principal on 1.7.2015 and thereafter his signature was also attested by the DIOS by his order dated 2.7.2015. It is stated that sometime after the appointment of the respondent no. 3 several complaints were received against him regarding obscene behaviour and attitude towards the female staff of the Institution. One such written complaint was sent under the Joint Signature of the Teaching staff to the Committee of Management on 22.12.2015. The Manager of the College issued a warning to the respondent no. 3 to improve his behaviour and to maintain discipline in the College. It is also stated that the respondent no. 3 is an active member of the ruling political party in the State and because of his close relations with a Cabinet Minister he keeps issuing threats. It is also stated that the petitioner no. 2-the Managerment of the Committee of Management is the General Secretary of the State Congress Party and therefore the members of the ruling party are annoyed with the petitioner no. 2. There were other allegations of involvement of other political leaders. It is also alleged that during College hours the respondent no. 3 leaves the College to attend the meeting of the Cabinet Minister in the State Government. Considering the various allegations against the respondent no. 3 it is stated that on 3.1.2016 a resolution was passed by the Committee of Management to place the respondent no 3 under suspension and he was placed under suspension by order dated 4.1.2016 and thereafter the relevant records pertaining to the resolution were forwarded to the DIOS in terms of the provisions of Section 16-G (7) of the U.P. Intermediate Education Act, 1921, (hereinafter referred to as the Act, 1921) who is the competent authority to approve or disapprove such order of the Committee of Management. It is also stated that the DIOS by an order dated 8.1.2016 ceased the account of the petitioner-Institution opened in the District Cooperative Bank Branch Ikdil Etawah, which is the personal account of the unaided section of the Intermediate classes.;