COMMITTEE OF MANAGEMENT LAKSHMI NARAIN INTER COLLEGE MEJA ALLAHABAD AND Vs. DISTRICT INSPECTOR OF SCHOOLS ALLAHABAD

JUDGEMENT

(1.) Heard Sri R. K. Ojha learned counsel for the petitioner. Sri Ajai Bhanot, learned counsel appearing for the respondent No. 1 and Sri Rajiv Kumar Srivastava for the respondent No. 2.

(2.) Sri Sangam Lal is admittedly the principal of Laxmi Narain Inter College, Meja, Allahabad. The committee of management, petitioner herein placed him under suspension by order dated 4.7.2000 (Annexure-6). The charges against him, as would appear from Annexure-7 are that he by misusing his position as Principal appointed his nephew as class IV employee and that he embezzled scholarship amount sanctioned by District Social Welfare Officer for S, C. and O.B.C. students for which a criminal case has been started on the report of the concerned authority. As provided under law, the order of suspension has to be approved by the District Inspector of Schools. Accordingly, the committee of management reported on 11.7.2000 to the District Inspector of Schools, respondent No. 1 copy whereof is at Annexure-8. The order of suspension was not approved by respondent No. 1 as would be evident from the order dated 19.8.2000 (Annexure-12), and this led the petitioner to approach this Court by filing the present writ petition seeking a direction to quash the aforesaid order.

(3.) Learned counsel appearing for the petitioner contents that the order of suspension was disapproved on two grounds, namely ; that the committee of management is not a validly constituted one and ; secondly the factual aspects as urged by the committee of management with regard to appointment of a relation and embezzlement of certain amount are not supported by materials. These two grounds taken by the District Inspector of Schools, submitted Sri Ojha, are contrary to the materials on record, inasmuch as, the respondent No. 2 had appointed his own relation as class IV employee in the institution and that a first Information report was lodged against him for his having embezzled the scholarship amount sanctioned by the Government. So far the other ground that there is no validly constituted committee of management, it Is urged that finding of the Sub-Divisional Magistrate who is the authority under the Societies Registration Act, should have been taken into consideration by the District Inspector of Schools to hold that there is no properly constituted committee of management to take a decision against the Principal, respondent No. 2.