Surya Prakash Kesarwani, J. - (1.) Heard Sri Arun Kumar Tiwari, learned counsel for the petitioner, learned standing counsel for respondent Nos.1, 2 and 3 and Sri Babulal Ram, learned counsel for respondent No.5. No one appears on behalf of the respondent No.4 even in the revised call.
(2.) By the impugned order dated 22.06.2004, the District Inspector of Schools, Kanpur Nagar stayed the order of dismissal from service of the respondent No.5 dated 25.05.2004 passed by the Principal of the respondent No.4-Institution. The aforesaid order was passed by the D.I.O.S. Kanpur Nagar on the ground that the main ground on which the respondent No.5 was dismissed from service, is subject matter of Criminal Case No.74 of 2004 under Section 420 I.P.C. which is pending before the trial court.
(3.) Briefly stated facts of the present case are that the respondent No.5 was working as sweeper in the respondent No.4-Institution. The respondent No.5 was suspended by the Principal of the Institution on 20.02.2004. The suspension order was followed by a letter No. 4612/2003-04 dated 24.02.2004 addressed to the respondent No.5 intimating him the fact of suspension on 20.02.2004 and that a disciplinary proceeding has been proposed against him. On the same date, i.e. on 24.02.2004, the Principal of the Institution appointed one Sri Gopal Kishan Tiwari (Lecturer) as Inquiry Officer and directed him to prepare charge-sheet and submit his inquiry report on four points, firstly indiscipline, secondly dereliction in duty, thirdly obstruction in government work and fourthly disobedience. The inquiry officer prepared a charge sheet dated 24.02.2004. The charge sheet contained an additional charge i.e. charge No.1 making allegation that the class-V pass certificate submitted by the respondent No.5 to obtain employment is forged. Inquiry Officer issued a letter dated 31.03.2004 upon the respondent No.5 indicating that if the reply is not filed, matter shall be proceeded ex parte. On the same day, by letter No.4621/2003-04 dated 31.03.2004, the Principal sought approval of the suspension order of the respondent No.5 from the D.I.O.S. Kanpur Nagar. The respondent No.5 submitted a letter dated 13.05.2004 before the Inquiry Officer, as under: ...[VARNACULAR TEXT OMITTED]...;