M.Katju, J. - (1.) This writ petition has been filed for a writ of certiorari for quashing the impugned order dated 9.7.1999 Annexure-20 to the writ petition and for a mandamus restraining the respondents from interfering in the affairs of the institution in question and directing the respondent No. 1 to pass a speaking order regarding its approval In respect of the suspension order of respondent No. 2 dated 15.2.1999.
(2.) I have heard learned counsel for the parties,
(3.) The dispute relates to Janta Inter College, Bazar Gosal, Harraiyya, Azamgarh which is a recognised Intermediate College receiving grant- in-aid. In paragraph 3 of the petition, it Is alleged that the last election was held in June 1997 and the petitioner No. 2 was elected as Manager and his signature was attested by the District Inspector of Schools. Against that, two writ petitions were filed in this Court by Sheo Shankar Singh claiming to be lawfully elected Manager in the Institution in question. The petitions were dismissed by a learned single Judge. (vide Annexure-3 to the petition) and the committee of management of the petitioner was recognised by the learned single Judge and the signature of the petitioner No. 2 was attested by the District Inspector of Schools. Against that judgment, a Special Appeal No. 153 of 1999 was filed by Shiv Shankar Singh which was admitted and an Interim order was passed that no policy decision would be taken by the Manager without the concurrence of the District Inspector of Schools. True copy of the order dated 25.2.1999 Is Annexure-4 to the petition. Another Special Appeal No. 265 of 1999 was filed which is also pending in this Court. In paragraph 6 of the petition. it is alleged that in view of the G.O. dated 3.2.1997 the committee of management passed a resolution on 3.8.1997 in which meeting the respondent No. 2 participated and It was resolved that the account by way of development fund would not be operated by the Principal alone but jointly alongwith the manager. In paragraph 8, it is alleged that despite this resolution, the respondent No. 2 operated the development fund account singly and a huge amount of the same fund has been embezzled. In this connection, various letters were sent to various authorities concerned copies of which are Annexures-5. 6 and 7 to the writ petition. True copy of the Audit report dated 27.2.1999 is Annexure-8 to the writ petition. In paragraph 10 of the petition, it is alleged that the Joint Director of Education wrote to the District Inspector of Schools vide letter 23.4.1999 directing that the amount of development fund withdrawn by the respondent No. 2 should be directed to be deposited back with the Government fund. True copy of the said letter is Annexure-9. The District Inspector of Schools also passed an order directing the petitioner to recover the amount Illegally withdrawn by the respondent No. 2 from the development fund. True copy of the said letter is Annexure-10 to the writ petition. In paragraph 12 of the petition, it is alleged that the petitioner No. 2 immediately wrote a letter dated 2.5.1999 to the respondent No. 2 asking him to return the amount illegally withdrawn from the development fund which is more than rupees one lac. True copy of the said letter is Annexure-11 to the petition. However, no amount was returned back by respondent No. 2. Thereafter the DIOS by the order dated 19.5.1999 gave permission to take disciplinary proceeding against the respondent No. 2 for the amount illegally withdrawn and embezzled. True copy of the said letter is Annexure-12. The committee of management then passed a resolution dated 23.5.1999 suspending the respondent No. 2 vide Annexure-13 to the writ petition. 'The petitioner passed an order dated 23.5.1999 tn pursuance of the resolution of the committee of management suspending the respondent No. 2. True copy of the suspension order dated 23.5.1999 Is Annexure-12 to the writ petition.;