BALI RAM SINGH AND ANOTHER Vs. COMMITTEE OF MANAGEMENT, AMARBIR INTER COLLEGE, DHANAPUR, VARANASI AND OTHERS

JUDGEMENT

(1.) This Special Appeal is directed against the judgment and order of a learned single judge dated 15th Dec., 1992 whereby he dismissed the appellants writ petition in which the resolution of the Committee of Management, Amarbir Inter College, Dhanapur Varanasi, dated 1st Aug., 1991 was challenged. By this resolution the appellants were placed under suspension. At the relevant time, the appellant No. 1 Bali Ram Singh was officiating Principal of the College while the appellant No. 2 Madan Mohan Tewari was Head Clerk.

(2.) The writ petition challenging the resolution of suspension was filed in this Court on 8th Aug., 1991 and was taken up for orders on 9th Aug., 1991 when an Interim order was passed providing that the suspension resolution shall not be given effect to the further orders of this Court.

(3.) A perusal of the writ petition shows that the suspension resolution was challenged only on the ground of malafides. It was of course stated that the appellants are not guilty of any misconduct. In respect of mala fides the allegation was that the management was intent on appointing some persons as teachers although there was no sanctioned post.