- (1.) V. K. Shukla, J. In the district of Auraiya there is recognised educational institution as per the provision as contained in U. P. Act No. II of 1921. In the said institution Avadh Narain Tripathi has been performing and discharging duties as Officiating Principal. On 16-11-2003 he has been sought to be placed under suspension by the Managing Committee of the institution for dereliction of the duties, financial irregularities and indiscipline etc. Sub-Committee was constituted which issued charge-sheet on 14-12-2003. District Inspector of Schools on 1-1-2004 disapproved the suspension order on the ground that disciplinary proceedings it has already been held in the past and there is already proposal of dismissal pending before U. P. Secondary Education Services Selection Board, for approval. Said order dated 1-1-2004 was subject matter of challenge in Civil Misc. Writ Petition No. 2228 of 2004. Said order was set aside by this Court on 22-1-2004, and District Inspector of Schools was directed to take fresh decision. It has been contended and stated that Sub-Committee constituted for holding the inquiry submitted its report on 2- 4-2004 and thereafter vide resolution dated 9-5-2004 Managing Committee resolved to dismiss service of Officiating Principal and papers relating to the same was sent to the District Inspector of Schools on 10-5-2004 for being sent to U. P. Secondary Education Services Selection Board. District Inspector of Schools did not forward the papers to the U. P. Secondary Education Services Selection Board then complaint was made, by Managing Committee thereafter U. P. Secondary Education Services Selection Board on 9-6-2004 asked the District Inspector of Schools to send the papers but instead of sending the papers, District Inspector of Schools passed order disapproving the suspension order of Officiating Principal. At this juncture Civil Misc. Writ Petition No. 23413 of 2004 had been filed before this Court which was allowed on 8-12-2005 and the District Inspector of Schools was directed to reconsider the matter afresh in the light of the directives issued by this Court. Thereafter District Inspector of Schools disapproved the suspension on 29-4-2006. Against the said disapproval order Civil Misc. Writ Petition No. 30034 of 2006 had been filed wherein this Court on 26-5-2006 passed following order which is being quoted below : "the impleadment application is allowed. Necessary correction shall be made by the petitioner during the course of the day. Sri Yogesh Kumar Saxena appears for respondent No. 3 and has filed a short counter-affidavit. He may file a detail counter within three weeks. Sri A. K. Yadav, the learned Counsel for the newly impleaded respondent No. 4 is allowed three weeks' time to file counter-affidavit. The learned Counsel for the respondent Nos. 1 and 2 may file counter-affidavit within four weeks. List on 10-7-2006. In the meantime the Selection Board is directed to take a final decision in the matter and decide the controversy one way or the other. Till the next date of listing operation of the impugned order dated 29-4-2006 passed by District Inspector of Schools (Annexure 8 to the writ petition) shall remain stayed. The suspension order was passed on 1-12-2003. Inquiry proceedings were initiated and the same was completed and the papers were forwarded by the District Inspector of Schools of the Selection Board on 22-12-2005. The suspension order has been revoked by the District Inspector of Schools by the impugned order on the ground that certain papers had not been forwarded to the Selection Board. In the opinion of the Court, prima facie, when the disciplinary proceedings were completed there was no question of revocation of the suspension order or disapproving the suspension order, as alleged, by the learned Counsel for the respondent No. 4. "
(2.) PURSUANT to the interim order passed by this Court proceedings were to be undertaken before U. P. Secondary Education Services Selection Board and in fact proceedings had been commenced as dates were fixed for 12-10-2006, 18-12-2006 and 12-1-2007 respectively. In the meantime managerial dispute was decided by this Court in Civil Misc. Writ Petition No. 69344 of 2006 wherein this Court on 4-1-2007 passed following order which is being quoted below : 1. The order dated 7-12-2006 passed by the Joint Director of Education is set aside. 2. The alleged elections of the Committee of Management; one said to have been held on 3-12-2006 by the petitioner and the other said to have been held on 27-12-2006 by Respondent No. 4, are both set aside. The District Inspector of Schools shall appoint an Authorized Controller to manage the affairs of the institution within two weeks from the date of filing of a certified copy of this order before him. The Authorized Controller so appointed shall thereafter finalize the list of members of the general body within six weeks thereafter, after deciding the objections of the parties concerned and shall then hold the elections of the Committee of Management in terms of the Scheme of Administration of the institution within two months of the finalization of list of members of the general body, and forward the papers relating to the said election to the District Inspector of Schools within a week thereafter.
(3.) THE District Inspector of Schools shall in turn forward the papers to the Joint Director of Education for appropriate decision of the Regional Committee in terms of the Government Order dated 19-12-2000. The Regional Committee shall pass reasoned order in accordance with law, within six weeks and the charge of the institution shall then be handed over to the recognized Committee of Management and consequently, the appointment of the Authorized Controller shall come to an end. " 3. Against the said order Special Appeal has been filed but no interim order has been passed. Committee of Management of the institution concealed this fact that there is earlier directives of this Court to U. P. Secondary Education Services Selection Board for concluding the proceedings preferred Civil Misc. Writ Petition No. 5575 of 2007 wherein this Court passed following order on 2-2-2007 which is being quoted below : "standing Counsel accepts notice on behalf of respondent No. 1. Issue notice to respondent No. 2 fixing 9th March, 2007 as the date for appearance. Petitioner to take steps within one week from today. All the respondents may file counter-affidavit by the next date fixed. List on the date fixed. It is contended that respondent No. 2 was employed as Officiating Principal of Nehru Inter College, Auraiya. He was subjected to disciplinary proceedings on various charges by the Committee of Management. After completion of the departmental enquiry, as resolution was passed proposing major penalty against respondent No. 2. In accordance with Section 21 of the U. P. Secondary Education Services Selection Board Act, 1982, the papers were transmitted to the U. P. Secondary Education Services Selection Board for necessary prior approval. Such action was taken against respondent No. 2 by the Committee of Management of which Sri Radha Krishna Chaturvedi was the Manager. The matter is pending before the U. P. Secondary Education Services Selection Board. In the meantime a dispute between two rival claimants of the Committee of Management arose which resulted in Writ Petition No. 69344 of 2006 being filed before this Court. On 4-2-2007 the Hon'ble Court has directed the Regional Level Committee to pass a fresh order within six weeks from the date of certified copy of this order is filed before it and to handover charge, to the committee, which may be so recognized in terms of the order to be passed by the Regional Level Committee. Counsel for the petitioner submits that in absence of a Committee of Management being recognized, no body is authorized to represent the same and therefore, the U. P. Secondary Education Services Selection Board must await the decision of the Regional Level Committee as directed by this Court under the order dated 4-1-2007, referred to above. Petitioner has made out a prima facie case for grant of interim order. Till the next date of listing U. P. Secondary Education Services Selection Board shall not pass any final order on the papers submitted by the Committee of Management qua the proposed punishment. " 4. In both the aforesaid two writ petitions counter-affidavit has been filed on behalf of Officiating Principal of the institution contending therein that entire charges are bogus, false and fabricated and further last undisputed election has been held in December, 1997 and thereafter no election of the Committee of Management has been found to be valid by the competent educational authority and in the year 2000 Authorized Controller had been appointed to manage the affairs of the institution and thereafter as tenure of Authorised Controller has been extended without opportunity of hearing then Civil Misc. Writ Petition No. 3842 of 2003, had been filed where interim order was passed and on the strength of the same petitioner continued as Manager. Claim of election held in the year 2000 has never been adjudicated. In this background it has been contended that entire proceedings are of no consequence. Rejoinder affidavit has also been filed disputing the averments in counter-affidavit. Supplementary affidavit has also been filed. Civil Misc. Writ Petition No. 63241 of 2006 had been filed by the petitioner claiming salary. This Court on 22-11-2006 mentioned that said petition be treated as an application in the pending writ petition. Consequently all these matter have been clubbed together and are being taken up together, with the consent of the parties. 5. Sri A. K. Singh learned Counsel for the petitioner contended with vehemence that order passed by District Inspector of Schools revoking the order of suspension is unjustifiable order and as such said order is liable to be quashed. 6. Sri Y. K. Saxena, Advocate on the other hand contended that said suspension order has not been approved as such petitioner is entitled for full salary and as there was delay in sending papers rightly suspension order has been revoked as such writ petition filed by the petitioner's Committee of Management is liable to be dismissed.;