KAMLESH GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) THE writ petition is directed against the order dated 8-7-86, 14-7-86 and 16-7-86 passed by the respondents 2, 3 and 4 and annexed as annexures-27, 28 and 29 respectively. By means of the order contained in communication dated 8-7-86, the Director of Education, U. P., Allahabad seems to have addressed the Regional Inspectress of Girls School, Meerut thai in view of inquiry report submitted by the High Level Inquiry Committee, the appointment of the petitioner was wholly illegal. Accordingly, the Director of Education required the Regional Inspectress of Girls School Meerut by means of the said letter to take effective action in the matter. THE Regional Inspectress of Girls School, Meerut in her turn invited the attention of the District Inspector of Schools, Muzaffarnagar vide letter dated 14-7-86 towards the aforesaid letter addressed by the Director of Education to the Regional Inspectress of Girls School. It was in pursuance of the direction contained in the aforesaid letter dated 8-7-86 that the District Inspector of School, Muzaffarnagar, issued the impugned order contained in letter dated 16-7-86 addressed to the Regional Inspectress of Girls School, Meerut to the effect that in view of the fact that the appointment of the petitioner having been held to be illegal, it would not be possible to pay any salary to her. It is the validity of this order which has been challenged in the present writ petition.

(2.) I have heard learned counsel for the petitioner and Sri V. K. Shukla learned counsel appearing for the authorised controller and the learned Standing Counsel appearing for the State.

(3.) IN any case, the Director of Education has not acted in the matter in his independent exercise of discretion. INstead he appears to have succumbed to the pressure of the political power the presence of which would be crystal clear from 'he letter dated 14-6-85 (annexure-18) of the R.I.G.S. addressed to Additional Director of Education, the relevant portion of which reads as below : "Shrimati Kamlesh Gupta sahayak lipik ke vetan bhugtan ke sambandh men Zila Vidyalaya Nirikshak (Mu. Nagar) jo vidyalaya ke pradhtkrit niyantrak bhi hai ne apne A. Sha. patrank Shi. Shi-1 76-77/85-86 dinank 3-5-85 evam apne A. Sha. Patrank 1-137-39/85-S6 dinank 12-6-85 dwara is karyalaya ko suchit kiya hai kee dinank 29-5-85 evam 11-6-85 ko mananiya Sree Hukum Singh Rajya Mantri Sansadiya Karya, U. P. ne apne niwas sthan par bulakar Shrimati Gupta ko niyukti ke sambandh me evam vetan bhugtan karne me atyadhik aprasannata vyakta karte huye kathor nirdesh diye haafn ki jo vetan bhugtan Shrimati Gupta ko kiya ja raha hai, wah abaidhanik hai. Mananiya mantri ji ka kahna hai ki Shrimati Gupta ko kisi bhi sthiti me bhugtan na kiya jaye. Kenyoki Shrimati Kamlesh Gupta ki niyukti aniyamit hai. Tatha unhone vidyalaya me kabhi karyabhar grahan nahi kiya hai. Ukta sthiti me Zila Vidyalaya Nirikshak (Mu. Nagar) ne Shrimati Gupta ko vetan bhugtan me asamarthata prakat kee hai. Atah ukta prakaran men, main apeksha karti hun ke vibhagiya adeshon ke viparit mananiya mantri ji ke adeshon ka kis star par palan kiya jaye. Kripaya uchit nirdesh dene ki kripa karen."