SANJAY MISRA, J. - (1.) HEARD Sri Irshad Ali learned Counsel for the petitioner learned Standing Counsel for respondent Nos. 1 and 2 and Sri S.K. Misra for respondent No. 4.
(2.) THIS writ petition is directed against a suspension order dated 12.4.1999 whereby the petitioner who was appointed as headmaster of the Janta Madhyamik Vidyalaya, Baharpur (Bharthana), District Etawah has been suspended in contemplation of an enquiry. Learned Counsel for the petitioner has contended that the petitioner was duly selected by the Committee constituted by the District Basic Education Officer, Etawah and was given appointment as headmaster of the school by the letter dated 10.5.1996 (Annexure 1 to the writ petition) and he joined his duties as such. According to him the petitioner was regularised in service after expiry of the probation period. Learned Counsel for the petitioner states there was a dispute between two rival Committee of Management one claiming to the under Managership of Sri Badan Singh and the other claiming under the Managership of Sri Banshidhar. The Committee of Management claiming to be functioning under the Managership of Sri Banshidhar has passed the impugned suspension order which is under challenge in this writ petition. The contention of learned Counsel for the petitioner is that in the election dispute between the aforesaid two rival Committee of Management Sri Banshidhar was given recognition by the authorities vide order dated 12.8.1998 and the rival Committee of Management of Sri Badan Singh filed a Writ Petition No. 28652 of 1998 wherein by an interim order dated 10.9.1998 (Annexure 9) this Court stayed the functioning of the Committee of Management of Sri Banshidhar and stayed the operation of the order dated 12.8.1998 recognising the Committee of Management of Sri Banshidhar. According to him when the interim order was passed Sri Banshidhar could not function further as Manager of the Committee of Management of the institution and consequently could not pass the suspension order dated 12.4.1999 suspending the petitioner pending an enquiry. Learned Counsel for the petitioner does not dispute that the aforesaid Writ Petition No. 28652 of 1998 was dismissed for non-prosecution by the order dated 7.7.2000 which is available as Annexure SCA-1 to the supplementary affidavit.
(3.) LEARNED Counsel appearing on behalf of respondent No. 4 has contested the submission made on behalf of the petitioner but has not denied the passing of the interim order dated 10.9.1998 in Writ Petition No. 28652 of 1998. According to him irrespective of passing of the interim order the Committee of Management headed by Sri Badan Singh was never recognised by the authorities and never functioned during the aforesaid period and hence according to him the Committee of Management of Sri Banshidhar was continuing to have effective control over the Management and hence the passing of the impugned suspension order cannot be said to be illegal or without jurisdiction in any manner whatsoever.;