JANTA INTER COLLEGE Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned standing counsel for the State respondents and the learned counsel for the respondent no. 4.

(2.) Briefly stated facts of the present case are that the respondent no. 4 is an Officiating Principal in Janta Inter College, Ahmadpur, Brahman, Saharanpur. From the averments made in paragraphs 4 & 5 of the writ petition, it appears that there are two rival groups in Committee of Management. One such group is led by the petitioner no. 2. It appears that a Writ-C No. 25966 of 2019 was filed by the Committee of Management in which an order dated 13.9.2019 was passed by this Court directing that the petitioners shall publish an election notification forthwith announcing the election programme and the District Inspector of Schools shall appoint an election observer whenever a demand is made by the petitioner and the election shall be held as per election programme.

(3.) In the aforenoted facts, it appears that the petitioners issued notices to the respondent No.4 dated 24.10.2019 and 24.10.2019 followed by reminders dated 11.11.2019 and 26.11.2019 making allegations of misbehavior (indiscipline) and use of vulgar words against the Manager. The respondent no. 4 submitted a reply dated 24.10.2019 denying the allegations and submitted that he made the request to the Manager to sign the salary bill of teachers and non teaching staff for the months of September and October, 2019 which was not signed till 23.10.2019 and after persuasion and on request of the Deputy Manager, it was signed by the Manager. He also submitted that if the request so made has been felt otherwise by the Manager in any way, then he submits apology. He also submitted that on 22.10.2019, he was on election duty.