M K TANDON Vs. SHANTI SWAROOP SRIVASTAVA

JUDGEMENT

(1.) V. N. Mehrotra, J. This petition has been filed under Section 482 of the Code of Criminal Procedure praying that the complaint dated 9. 10. 90 filed by the opposite party as well as the summoning order dated 8. 1. 91 passed by the Magistrate concerned be quashed.

(2.) THE brief facts of the case are that the opposite party filed complaint in the Court of Magistrate concerned against the present petitioner alleging the complainant was a member of the Managing Committee of R. E. I. Intermediate College, Dayalbagh, Agra and was filing the complaint on behalf of the Managing Committee of the college in question. At the time of amalgation of High School Section and Intermediate Section of the College, the Managing Committee appointed Sri P. P. Srivastava, the then Principal of the High School Section, as the Principal of the upgraded institution. THE accused filed a writ petition against the appointment of Sri P. P. Srivastava as Principal. In that petition, this Court directed Sri P. P. Srivastava to perform the duties as acting Principal of the institu tion. Sri P. P. Srivastava retired on 30. 6. 88. THE U. P. Secondary Education Service Commis sions was informed of the vacancy and was requested to select and recommend a candidate for appointment as the Principal. THE Committee of Management advertised and invited applications from candidates for appointment as Ad-hoc Principal to function till, such time as a selection is made by the U. P. Secondary Education Service Commission. On the basis of the applications received, the Managing Committee made a selection from amongst the application and selected Sri M. D. Mathur, who was teacher of the college, to Act and perform the duties as the Ad-hoc Principal. Sri M. D. Mathur accordingly joined as Ad-hoc Principal. THE Committee of Management is the appointing authority of a Prin cipal and the Principal is responsible to the said Committe through the Manager of the institution for the discharge of his duties. Sri M. K. Tandon is a senior lecturer in the Department of Agriculture of the College. He was not an applicant for the post of the Ad-hoc Principal. He challenged the appointment of Sri M. D. Mathur as ad-hoc Principal by filing writ petition No. 15624 of 1988. He prayed for quashing the appointment of Sri M. D. Mathur as ad hoc principal and claiming his right of being appointed as such on the ground of seniority. THE writ petition was disposed of by this Court without granting the prayer of Sri M. K. Tandon to be made an ad-hoc principal. It directed the commission to appoint the principal within two months from the communication of the order to it. This Court did not interfere with the appointment of Sri M. D. Mathur as the ad-hoc Principal and he continued to perform his duties in that capacity. In the month of April 1990, the accused, in collusion with the then District Inspector of Schools, procured and got issued a letter to the Manager of R. E. I. Intermediate College to appoint him as the Principal of the college. THE District Inspector of School was not the appointing authority of the Principal and it was known to the accused. THE Management of the College challenged the leter of the District Inspector of Schools in the Civil Court, Agra. THE Civil Judge, Agra by his order dated 25. 4. 90 suspended the directions of the District Inspector of Schools. THE District Inspector of Schools has no authority in law to Delect, appoint or nominate a Principal in any institution. THE appointing authority is the Committee of Management of the College. Later on the District Inspector of Schools by his letter dated 2. 7. 90 withdrew the earlier letter suggesting the appointment of Sri M. K. Tandon as acting Principal and declared that Sri M. D. Mathur was the acting principal and shall continue to so Act until the decision of the Court. In the month of June 1990, the accused collusively obtained the marks-sheets and cross-lists from the office of the District Inspector of Schools and dishonestly and falsely personating as the principal of the said college, issued under his signatures the mark-sheets to the students who had appeared in the Board of Intermediate Examination of 1990. THE mark-sheets and cross-lists are valuable securities which the accused wrongfully appropriated to himself. He, in collusion with some teachers, also forcibly obtained the mark-sheets, register etc. of first year Intermediate Examination and declared the result under his signatures as Principal and also issued mark-sheets to the students. On being asked to desist from his illegal Acts. Sri M. K. Tandon was bent upon breaking the law and order. THE District Inspector of Schools was informed about the illegal actions of Sri M. K. Tandon. THE accused, having failed legally in getting appointed as principal and also getting legal sanction for acting as the Principal, forcibly usurped the functions of the Principal against the orders and directions of the committee of manage ment of the said college. THE accused as an imposter illegally got admission forms printed privately without the sanction of the Managing Committee and dishonestly declared himself as the Principal wrongfully occupying a room in the department of Agriculture in the college and putting a name plate upon it as Principal's office. This was clearly an act of trespass and was done to intimidate, insult and annoy the Committee of Management. THE complainant further assertedthat the accused illegally using his muscle and against the directions of the Committee of Management begain to issue in June and July 1990 admission forms for Class XI to the students representing to them that he was the Principal of the College and collected money by sale of Admission forms. THE accused illegally collected fees for admission, tution fee etc. from the students and their guardians fraudulently induced them to part with the money dishonestly declaring himself as the principal of the College. THE amount so collected, which is said to be a big sum, has been dishonestly used and misappropriated by Sri. M. K. Tandon. He made wrongful gain and caused wrongful loss to the Committee of Management and the institution. It was further alleged that the accused, who is public servant, knowing that he does not hold the office of the Principal has, in such assumed character, been acting illegally under the cover of such office. THE complainant asserted that the accused has committed offences punishable under Sections 170,406,419 and 420 of the Indian Penal Code.

(3.) AFFIDAVITS have been exchanged by the par the parties and have perused the material which Parties. I have heard the learned Counsel for the which have been placed before me.