O.P.Garg, J. - (1.) An order dated 26.6.1998 (Annexure-15 to the writ petition) has been passed by the-State of U. P. (Uccha Shiksha Anubhag-6), under the provisions of Section 58 (1} to the U. P. Universities Act, 1973 (hereinafter referred to as 'the Act'), whereby the Committee of Management of Baba Raghav Das Post Graduate College, Deoria of which Krishna Murari Mani Tripathi, petitioner No. 2 is the Manager, has been suspended for a period of one year and the District Magistrate. Deoria has been appointed its Authorised Controller, which office he has taken over on 29.6.1998. It is this order, which has come to be challenged in the present writ petition under Article 226 of the Constitution of India, primarily on the ground that the offending order has been passed in flagrant violation of the principles of natural Justice. It is prayed that the impugned order dated 26.6.1998 be quashed and the respondents be commanded not to interfere with the functioning of the petitioners-Committee of Management, i.e., in running the institution and managing its affairs.
(2.) S/Sri T. N. Tewari and C. N. Tripathi, advocates appeared respectively on behalf of Mahendra Singh Yadav and Jai Prakash Rao, at whose instance the impugned order came to be passed. They made complaints highlighting various administrative and financial irregularities as well as bungling committed and resorted to by the Manager of the college -Krishna Murari Mani Tripathi, petitioner No. 2.
(3.) Sri R. N. Singh, learned senior counsel for the petitioners urged that since a pure question of law is involved in the present writ petition and which can be decided with the bare look on the intrinsic facts incorporated in the impugned order itself, the writ petition may finally be decided on merits without calling for any counter-affidavit. S./Sri T. N. Tewari and C. N. Tripathi, learned counsel for the complainants agreed that the writ petition be heard on merits and decided accordingly without requiring them to file counter-affidavit. Learned standing counsel also appeared to be of the same view. Therefore, with a view to decide the writ petition finally. Sri R. N. Singh, senior counsel, assisted by Sri A. P. Sahi, on behalf of the petitioners, learned standing counsel for the respondents and Sri T. N. Tewari and C. N. Tripathi, on behalf of the complainants, named above, who are not party to the writ petition, were heard at considerable length.;