MANAGING COMMITTEE, DAYANAND INTER COLLEGE, GORAKHPUR, (THROUGH SRI UMA SHANKAR, MANAGER) AND ANOTHER Vs. THE DISTRICT INSPECTOR OF SCHOOLS AND OTHERS

JUDGEMENT

(1.) The Committee of Management of Dayanand Inter College. Gorakhpur, has by means of this petition under Art. 226 of the Constitution, challenged the validity of the orders dated Nov. 21, 1979 of the District Inspector of Schools, Gorakhpur, by which order of the College suspending respondent no. 3, the Principal of the College and respondent No. 4. Assistant Clerk of the College, have been revoked.

(2.) It having come to the knowledge of the Committee of Management that there had been defalcation in the accounts of the College and various irregularities committed in maintenance of accounts resulting in misappropriation of College funds, by resolution passed in its meeting dated Nov. 12, 1979 decided to suspend pending inquiry the Principal of the College and the Assistant Clerk who was entrusted with the duty of maintenance of accounts. This action was purportedly taken in the exercise of powers under Sec. 16-G of U.P. Intermediate Education Act, 1961 (hare in after referred to as the Act). In pursuance to this resolution, the orders suspending the respondents nos. 3 and 4 were issued by the Manager,

(3.) The matter was then reported to the District Inspector of Schools on Nov. 17, 1979, as required by sub-section (6) of Sec. 16-G of the Act. The District Inspector of Schools, by two orders dated Nov. 21, 1979 revoked the aforesaid orders of suspension dated 12-11-1979 in respect of respondent nos. 3 and 4. It is these orders which have been annexed as Annexures IV and III respectively to this petition, that have been impugned by the present petition.