R.H. Zaidi, J. - (1.) BY means of this petition, under Article 226 of the Constitution of India, petitioner prays for a writ, order or direction in the nature of certiorari quashing the orders dated 9.3.1981 and 16.3.1981 passed by the District Inspector of Schools, the respondent No. 2, dis -approving the order of termination of the petitioner from the post of Head -Clerk of the institution known as Badri Nath Tewari Intermediate College, Meja Road, Allahabad, reducing him in rank i.e. from the post of Head clerk to the post of Asstt. Clerk and further directing his re -instatement with the rider that for the period of suspension he will be entitled to the amount of subsistence allowance only. The facts of the case as set out in the writ petition are that respondent No. 3, Shri Parasnath Mishra, was appointed as temporary clerk on 18.10.1965 in Badri Nath Tewari Intermediate College, Meja Road, Allahabad, hereinafter referred to as 'the institution'. It was on 18.10.1966 that the Respondent No. 3 was placed on one year probation and thereafter vide order dated 10.8.1967 his services were confirmed on the post of clerk. Shri Parasnath Mishra was promoted to the post of Head Clerk on 8.7.1970. In the year 1974 -75 some complaints were received against Shri Parasnath Mishra since the disciplinary proceedings were contemplated against him. On the basis of the said complaints he was suspended from service vide order dated 26.10.1976. On 20.12.1976 a charge -sheet consisting as many as 8 charges were served upon Shri Parasnath Mishra and he was called upon to submit his explanation in respect of the said charges. Shri Parasnath Mishra submitted the reply of the charge on 3.1.1977. The Inquiry Officer thereafter conducted inquiry and submitted his report on 19.6.1977 holding that the charges levelled against Shri Parasnath Mishra were proved. Thereafter a show cause notice dated 16/20/6/1977 was served upon the Respondent No. 3 and was called upon to appear before the Committee of Management of the institution. On the said date Shri Mishra appeared before the Committee of Management and after hearing him and perusing the record of the case, the Committee of Management resolved to terminate his services. The papers relating to the termination of services of the Respondent No. 3 were thereafter submitted before District Inspector of schools alongwith the letter dated 8.9.1977. The District Inspector of schools did not pass any order approving or disapproving the termination of Respondent No. 3 from service, therefore, the letter dated 4.3.1980 was sent by the Committee of Management to the District Inspector of Schools contending that the services of Shri Mishra stood terminated from the date of resolution terminating the services of Shri Mishra was passed by the Committee of Management and approval, to the said resolution, of the District Inspector of Schools was not required. The papers submitted for approval were, therefore, sought to be returned by the Committee of Management. The said letter was apparently on the basis of the decision of this Court in Magan Ram Yadava v. Dy. Director of Education and others : 1980 (6) ALR 26 (F.B.). The District Inspector of Schools thereafter proceeded to consider the matter and by impugned order dated 9.3.1981 held that charges No. 4, 6, 7, 8 and 11 were proved fully, and charge No. 9 in part, with respect to charge No. 3 he expressed his doubt charges No. 1, 2, 5, 10 and 12 were not proved. It was held that the punishment awarded to the petitioner was not commensurate to the charges levelled and proved against Respondent No. 3. He, therefore, disapproved the order of termination but reduced Respondent No. 3 in rank from the post of Head -clerk to the post of Asstt. Clerk. In exercise of his powers under Section 16G read with Regulation 44(A). He, therefore, directed for the re -instatement of the Respondent No. 3 on the post of Asstt. Clerk with the condition that he will be entitled to only subsistence allowance during the period of his suspension. The said order was communicated to the Manager of the institution vide order dated 16.3.1980. Both these orders have been challenged by the Committee of Management. Vide order dated 16.3.1981 it was further directed by the District Inspector of Schools that the Respondent No. 3 shall hold the post of head -clerk till regular appointment is made on the said post.
(2.) ON behalf of the Respondent No. 3 a counter -affidavit has been filed controverting the facts stated in writ petition and contending that the order passed by the District Inspector of Schools was quite legal and that the writ petition was liable to be dismissed with costs. Sri R.S. Mishra appearing for the petitioner vehemently urged that the District Inspector of Schools had no jurisdiction to intervene in the matter inasmuch as in the cases of termination of the services of the members, ministerial staff of the institution including the Head -Clerk prior approval of the District Inspector of Schools was not required. In support of his submission he placed reliance upon the Full Bench decision of this court in Magan Ram Yadava v. Dy. Director of Education and others : 1980 (6) ALR 26 (F.B.).
(3.) ON the other hand learned counsel appearing for the Respondent No. 3 and the learned standing counsel appearing for the Respondent No. 1 and 2 submitted that without prior approval of the District inspector of Schools, no member of the staff teaching or non -teaching of the institution could be dismissed from service. In the present case, it was submitted that the District Inspector of Schools rightly disapproved the order of termination and rightly permitted the Respondent No. 3 to hold the post of Asstt. Teacher.;