Rakesh Tiwari - (1.) -Heard counsels for the parties and perused the record.
(2.) BRIEFLY stated, the facts of the case are that the petitioner, who was Head Clerk of Shri Krishna Pandey Inter College, Basti (for short 'College'), and the Principal were removed from service vide order dated 14.6.1979. District Inspector of Schools, Basti refused to accord approval to the resolution dated 14.6.1979 removing the petitioner and Principal of the College from service vide letter dated 25.6.1979. Show cause notice dated 12.7.1979 was issued to the petitioner by the Committee of Management and thereafter vide letter dated 2.8.1979, the Committee of Management informed the District Inspector of School (for short 'D.I.O.S.') about reiterateration of its earlier decision of punishment. The District Inspector of Schools again refused to accord approval to aforesaid resolution of punishment vide his letter dated 31.8.1979/ 1.9.1979. Thereupon, the Committee of Management preferred an appeal before the Regional Deputy Director of Education (for short 'D.D.R.') Gorakhpur against the order of D.I.O.S., dated 31.8.1979/1.9.1979, which was allowed by the D.D.R. vide order dated 18.7.1980 who directed the D.I.O.S. to reconsider the matter again. The D.I.O.S. thereafter sought reply of the petitioner and Principal by means of show cause notice dated 4.2.1981. Ultimately, the D.I.O.S. accorded approval to the punishment order vide his letter dated 11.3.1981. Accordingly, the petitioner and the Principal of the College were terminated from service vide order dated 13.3.1981.
(3.) AGGRIEVED by the aforesaid order of termination, the Principal of the College as well as the petitioner preferred appeals before the Dy. Director of Education, VIIth Region, Gorakhpur which were allowed vide order dated 12.4.1982 and the order dated 11.3.1981 passed by the D.I.O.S. was set aside. Consequently, the D.I.O.S. vide letter dated 20.4.1982 directed the Committee of Management for reinstatement of the petitioner and the Principal in service and for payment of salary to them. Aggrieved, the Committee of Management filed Civil Misc. Writ No. 5438 of 1982, against the order of Deputy Director of Education dated 12.4.1982 in which an interim order was passed by this Court directing that the salary be paid to the petitioner and the Principal but it was left open for the Committee of Management to take or not to take work from the Principal.;