COMMITTEE OF MANAGEMENT, RADHA KRISHNA GUPTA ADARSH VIDYALYAY INTER COLLEGE DILDAR NAGAR, GHAZIPUR Vs. STATE OF U.P. AND OTHERS

JUDGEMENT

(1.) COMMITTEE of Management of Radha Krishna Gupta Adarsh Vidyalaya Inter College, Dildar Nagar, Ghazipur has approached this Court questioning the validity of the order dated 10.10.2008 passed by District Inspector of Schools, Ghazipur refusing to accord approval to the resolution of termination passed against Mangla Prasad.

(2.) BRIEF facts giving rise to present writ petition is that in district Ghazipur there is an institution known as Radha Krishna Gupta Adarsh Vidyalaya Inter College, Dildar Nagar, Ghazipur Said institution is duly recognized institution and is governed by the provisions as contained under U.P. Act No. II of 1921 and various Regulations framed thereunder. Said institution is in grant-in-aid list of the State Government and the provisions of U.P. Act No. 24 of 1971 are fully applicable to the said institution. In the said institution one Mangla Prasad was appointed as Assistant Clerk and subsequently he was promoted as Head Clerk. Against said Mangla Prasad on account of non-compliance with the direction of the Principal of the institution to produce ledger, cash book and pass books etc..Principal of the institution reported to Managing Committee of the institution for placing him under suspension. Managing Committee of the institution on 12.12.2000 suspended Mangla Prasad for financial irregularities and in subordination. Said suspension was not approved by the District Inspector of Schools and Managing Committee of the institution on 13.02.2001 reinstated back him in service and after his reinstatement on 15.02.2001 allegation against Mangla Prasad was that he has misbehaved with the Principal of the institution. Managing Committee of the institution again resolved to place said Mangla Prasad under suspension on 16.02.2001. District Inspector of Schools, Ghazipur after receiving said suspension order appointed Principal Government Inter College, Ghazipur to inquire into the matter vide order dated 11.03.2001. Order dated 16.02.2001 placing Mangla Prasad under suspension has been challenged in Civil Misc. Writ Petition No. 9580 of 2001. Said writ petition was disposed of on 19.03.2001 with direction that District Inspector of Schools, Ghazipur to pass appropriate order in accordance with law. District Inspector of Schools, Ghazipur thereafter on 17.07.2001 passed order directing Sub-Divisional Magistrate, Jamania, Ghazipur to open lock of the sealed Almirah with a view to enable the parties to appear before the Inquiry Officer alongwith relevant papers. During the pendency of the inquiry District Inspector of Schools passed order for ensuring salary. Officer appointed by District Inspector of Schools has submitted inquiry report on 12.12.2001 then notice was issued on 24.11.2001. On one hand inquiry was on going by the District Inspector of Schools and on other hand as endorsements were made in salary bills. Manager, of the institution has filed Civil Misc. Writ Petition No. 444 of 2002 wherein orders dated 27.09.2001, 08.11.2001 and 27.12.2001 was stayed. During the pendency of the writ petition order of single operation of the account was passed on 08.01.2002. Petitioner has contended that on the strength of the order of single operation salary was paid and thereafter on 07.02.2006 this Court has passed order restraining District Inspector of Schools and Accounts Officer to pay salary to Mangla Prasad. Inquiry Officer appointed by District Inspector of Schools, Ghazipur submitted his report and the copy of the same has also been forward to the Managing Committee of the institution. Management claims that it was cross checked by Chartered Accountant and thereafter it has been stated that charges against Mangla Prasad were found proved and in this background resolution was passed on 06.09.2002 dispensing with the services of Mangla Prasad. This Court on 07.12.2002 asked the District Inspector of Schools, Ghazipur to take decision on the proposed termination and thereafter District Inspector of Schools, Ghazipur has passed order disapproving the same. Against said order Civil Misc. Writ Petition No. 23328 of 2007 has been filed and this Court allowed the aforesaid writ petition and asked District Inspector of Schools, Ghazipur to decide the matter. Thereafter fresh decision has been taken by the District Inspector of Schools, Ghazipur on 10.10.2008 disapproving the resolution of the Managing Committee of the institution against which present writ petition has been filed.

(3.) AFTER pleadings mentioned above have been exchanged present writ petition has been taken up for final hearing and disposal with the consent of the parties. Sri K.N. Mishra, learned counsel for the petitioner appearing with Sri Abhishek Mishra, Advocate, contended with vehemence that in the present case District Inspector of Schools, Ghazipur has totally misdirected itself while proceedings to pass order and the merit of the charges have not at all been adverted to as such impugned order passed by District Inspector of Schools, Ghazipur is liable to be quashed. Countering said submission Sri Sudhakar Pandey, Advocate contended that in the present case at no point of time any regular departmental inquiry has been undertaken by the Inquiry Officer appointed by Managing Committee of the institution and at no point of time fixed any date, time and place for holding inquiry and no enquiry report has been submitted here entire action is taken on the basis of inquiry which was held on administrative side on the asking of District Inspector of School, as such entire action taken is in breach of statutory provision as contained under U.P. Act No. II of 1921 as such writ petition as it has been framed and drawn is liable to be dismissed.