B.K.Roy, J. - (1.) This writ petition was filed by Prakash Narain Misra. Head Master, Rajkiya Inter College, Mainpuri, praying to quash the order dated 15.9.90 (as contained in Annexure-1 to the writ petition) suspending him from his post.
(2.) From the petition along with amendment application supported by affidavit of his widow Smt. Sarla Devi, filed on 2.3.98, I find that a prayer has been made for substituting the name of his widow Smt, Sarla Devi, staling, inter alia, that she Is legally wedded wife of the petitioner, who died on 21.12.97, leaving behind her as his sole heir and legal representative and it would be in the interest of justice to substitute her name ; that the sole petitioner had retired from service on 30th June, 1993 ; that vide order dated 15.5.90 this Court had stayed operation of the suspension order ; that after the death of her husband the suspension order has become infructuous (Mr. Misra states that in place of the words 'become infructuous' the word 'frustrated' has been wrongly mentioned in Paragraph 7 of the affidavit) : that the Department till date has not completed any disciplinary enquiry : that due to the pendency of this writ petition the respondents have not paid the entire retirement benefit, pension, gratuity, etc. to the petitioner's widow and it would be expedient in the interest of justice to allow the substitution and the proposed amendments, which reads thus : "(a) Issue a writ order or direction in the nature of mandamus directing the respondents to pay the entire retirement benefits, pension, gratuity and rest of salary to the legal heir and representative of the petitioner Smt. Sarala Mlshra wife of late Sri Prakash Narain Mishra immediately. (b) Issue a writ order or direction in the nature of mandamus directing the respondents to pay the entire other benefits and Interest regarding nonpayment of retirement benefit to the petitioner's wife Smt. Sarala Mishra who is the sole legal heir of the petitioner immediately, because due to nonpayment of retirement benefit she is suffering irreparable loss and injury."
(3.) After pressing the substitution and amendment application aforementioned, Mr. Mishra, learned counsel for the widow contended as follows : (i) The impugned order of suspension has been passed by the Education Secretary and not by the Director of Education, Agra Region, Agra. who was his appointing authority, at the behest of the Chief Minister and is thereby wholly mala fide, without jurisdiction, illegal and Is liable to be quashed on this ground alone. (ii) It has been passed after a lapse of six years of the alleged charges when the petitioner was working as Basic Shiksha Adhikarf, Etawah who has not committed any illegality and/or irregularity in that capacity. (iii) Under the Rules the enquiry should have been completed within four years but this has not been done.;