V.K.SHUKLA,J. - (1.) PRESENT writ petition has been filed by petitioner questioning the validity of order dated 24.3.2009 passed by Managing Committee of Muslim Inter College, Thakurdwara, District Moradabad.
(2.) BRIEF background of the case is that in the District of Moradabad there is an institution known as Muslim Inter College, Thakurdwara, District Moradabad. Said institution is recognised by the provisions of U.P. Act No. 2 of 1921. One Munna Singh, the permanent Principal, retired from service on 30.6.2008, giving rise to substantive vacancy in the office of the Principal. Applications were invited and thereafter selection proceeding was held and therein petitioner was selected and his appointment was even approved under Section 16-FF of U.P. Act No. 2 of 1921 read with Chapter II, Regulation 17 of the Regulations framed under U.P. Act No. 2 of 1921 and appointment letter was issued on 25.12.2008. Thereafter, petitioner joined the institution. Petitioner has contended that the President of the institution was interested in getting some one else selected, as such Writ Petition No. 63186 of 2008, was got filed, questioning the validity of selection and appointment of petitioner, but no interim order was passed by this Court in that writ petition. Petitioner has contended that thereafter complaint was sought to be set up against petitioner and then preliminary enquiry was conducted into the allegations levelled against petitioner and report was submitted. Thereafter, resolution was passed on 19.3.2009 dispensing with the services of the petitioner. At this juncture, present writ petition has been filed. Counter-affidavit has been filed by the management justifying the action taken. Rejoinder-affidavit has been filed disputing the averments made in the counter-affidavit and reiterating those made in the writ petition. After exchange of pleadings, present writ petition has been taken up for final hearing and disposal of the writ petition with the consent of the parties.
(3.) SRI Irsad Ali, learned Counsel for the petitioner, contended with vehemence that in the present, case order impugned has been passed without undertaking any regular departmental enquiry proceeding. Services of the petitioner has been dispensed with by passing stigmatic and punitive order, as such writ petition deserves to be allowed.;