Rakesh Tiwari - (1.) -Heard learned counsel for the parties and perused the record.
(2.) THE petitioners were appointed as Assistant Teachers in D.A.V. Junior High School and Dayanand Adarsh Vidyalaya on 1.7.1976 and 1.1.1977 respectively by the Committee of Management. At that time no statutory rules were in existence for appointment of teachers. The D.A.V. Junior High School was upgraded to the status of Higher Secondary School on 28.12.1977. The District Inspector of Schools after considering the resolutions passed by the respective committees of managements permitted the transfer of petitioner No. 1 on 15.11.1978 to Baba Raghavdas Inter College, Deoria and of petitioner No. 2 to Janta Inter College, Bankata, Deoria on 2.12.1978 in exercise of powers under Regulation 59 of the Regulations. It appears that the District Inspector of Schools, Deoria on the basis of some ex parte enquiry report stopped the salary of the petitioners on 27.1.1981 in exercise of powers under Section 4 of the Payment of Salary Act and referred the matter to the Director under Section 16G of the U. P. Intermediate Education Act. Aggrieved, the petitioners have filed the instant writ petition on 20.2.1981 and on 5.7.1981 the writ petition was admitted and an interim order was granted to the following effect : "Issue notice. The District Inspector of Schools, Deoria, is ordered to arrange an expeditious disposal of the enquiry alleged to be pending against the petitioner in such manner that it is concluded within one month of the service of the copy of this order on him. If the enquiry is not concluded and the result announced within the aforesaid period the petitioners would be entitled to draw their salaries and the respondents is directed to pay their salaries, thereafter. This interim order would be subject to the final result of the petition. The stay application shall be listed for orders again immediately after the expiry of the period of one month. The petitioners undertake to serve a copy of this order on the respondent. Sd. M.N.S., J. Sd. B.C.J., J." It appears that despite time granted by the Court the respondents did not initiate any enquiry proceedings and instead filed counter-affidavit stating that even prior to passing of the aforesaid order some ex parte proceedings were already concluded against the petitioners but no realisation that the order of the Court was violated by their conduct they issued show cause notices to the petitioners on 5.1.1982 under Section 16E (10) of the U. P. Intermediate Education Act which were replied by the petitioners in May, 1982.
(3.) THE District Inspector of Schools has denied to have received the original records relating to the appointments of the petitioners which appears to be contrary to Annexure-11 to the writ petition. THE District Inspector of Schools in the aforesaid certificate has certified that he had received all original records relating to appointment of the petitioners. Another notice dated 27.4.1982 was also issued to the petitioner No. 1 under Section 16E (10) of the Act which was replied by him in May, 1982. Another notice dated 15.10.1982 was also issued to the petitioner to appears before the Director of Education on 30.10.1982 in pursuance whereof the petitioner attended the proceedings but nothing was done in the matter. It appears that both the petitioners again appeared before the Director of Education on 30.10.1982 and submitted their reply but again in vain. Notices dated 8.8.1986 were again issued to the petitioners requiring their presence before the Director of Education on 20.8.1986 on which date also the petitioners appeared but nothing happened.;