GERMAN SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS ALIGARH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed by German Singh and Sukhbir Singh against the District Inspector of Schools and others for quashing the order dated 26.4.1997 passed by the District Inspector of Schools, Aligarh, which has been filed as Annexure-18 to the writ petition and consequential order dated 1.5.1997 passed by the Manager of the Institution, which has been filed as Annexures-19 and 20 to the writ petition. Further other relief for mandamus has been prayed for commanding the respondents to pay the salary to the petitioner No. 1 as head clerk of the institution in question and petitioner No. 2 as assistant clerk of the institution in question.

(2.) The brief facts as stated in the petition are that in the institution in question, namely, Jamuna Khand Inter College, Tappal, district Aligarh, the respondent No. 4, Kishan Pal Singh was in service as Head Clerk. His services were terminated on account of charges of embezzlement. Kishan Pal Singh filed a writ petition challenging the order for termination in the High Court on the ground that his appeal before the Deputy Director of Education has not been decided. It is stated that this Court directed the Deputy Director of Education to decide appeal within a period of two months." Thereafter, the Deputy Director of Education on 28.9.1991 dismissed the appeal of Kishan Pal Singh. It is further alleged that a criminal case was also filed against Kishan Pal Singh, which resulted in his acquittal by order dated 24.5.1994. It is further stated that against the order of acquittal, the State Government preferred an appeal which was dismissed by this Court on 28.10.1996 and leave to appeal was not granted.

(3.) The petitioners have further stated that petitioner No. 1 was working in the institution as assistant clerk and he was promoted as Head Clerk on the post of Kishan Pal Singh. Similarly, petitioner No. 2 working as Laboratory Assistant as class IV employee was promoted as assistant clerk in the institution on the post of German Singh petitioner No. 1. Relevant documents regarding promotion has been filed as Annexures-6 and 7 to the writ petition. The contention of the petitioners is that approval was granted by the District Inspector of Schools regarding the promotion of the petitioners vide order dated 3.12.1986, as such, the petitioners were working on their posts regularly and they were being paid salary also. It is further stated that the respondent No. 4, Kishan Pal Singh, filed Writ Petition No. 36327 of 1991, which was disposed of by this Court on 20.5.1996 and the matter was sent back to the District Inspector of Schools for reconsideration and the respondent No. 4, Kishan Pal Singh, was directed to continue under suspension. It is further stated that against the order passed by this Court, a Special Leave Petition was filed by the Management before the Supreme Court but the same was rejected and leave was not granted. It is further stated that in pursuance of the direction issued by this Court, proceedings were started before the District Inspector of Schools. It is further stated that on 26.4.1997 the District Inspector of Schools passed an order to the effect that as respondent No. 4, Kishan Pal Singh, head clerk, has been acquitted from the criminal case, he shall be reinstated from 20.4.1985 and all the appointments and arrangements made in place of respondent No. 4, Kishan Pal Singh, shall be cancelled. The grievance of the petitioners is that after the order dated 26.4.1997 a consequential order was also passed by the Manager of the institution reverting petitioner No. 1 from the post of Head Clerk to the post of assistant clerk and petitioner No. 2 was reverted from the post of assistant clerk to the post of Laboratory Assistant. The contention of the petitioners is that the order dated 26.4.1997 is wholly arbitrary, unjust and illegal. The petitioners have challenged this order.