C/M Maharana Pratap Inter College ... vs State Of U.P. And 3 Others
2023 Latest Caselaw 20844 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:158172
 
Court No. - 35
 

 
Case :- WRIT - A No. - 4677 of 2022
 

 
Petitioner :- C/M Maharana Pratap Inter College And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Arun Kumar
 
Counsel for Respondent :- C.S.C.,Rohit Singh Parmar
 
with
 
Case :- WRIT - A No. - 11657 of 2023
 

 
Petitioner :- Mewa Lal Maurya
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Suresh Chandra Dwivedi
 
Counsel for Respondent :- C.S.C.,Arun Kumar
 

 
Hon'ble Vikas Budhwar,J.

1. Vakalatnama on behalf of Sri Mewa Lal Maurya is being filed today in the leading writ petition is taken on record.

2. Heard Sri Arun Kumar learned counsel for the writ petitioners who are two in number in the leading writ petition, the respondents No. 5 and 6 in the connected writ petition, Sri Pradeep Kumar Shahi learned Additional Chief Standing Counsel who appears for respondents No. 1 to 3 in the leading writ petition and respondents No. 1 to 4 in the connected writ petition and Sri Suresh Chand Dwivedi who appears for the fourth respondent, Mewa Lal Maurya in the leading writ petition and petitioner in the connected writ petition. Though Sri Rohit Singh Parimar appears in the leading writ petition but Sri Suresh Chand Dwivedi has made a statement at bar that he is possessed with the instructions and he is also appearing for Mewa Lal Maurya as his client is already present in the Court and filed his Vakalatnama.

3. Briefly stated facts shorn of unnecessary details in both the writ petition are that there is a institution by the name and style of Maharana Pratap Inter College Maharajganj which is recognized institution under the provisions of Uttar Pradesh Intermediate Education Act, 1921 and the said institution is a private aided institution imparting education from class I to class XII and the teachers and the staff of the said institution are being paid through the Management from its own funds i.e. from the nominal fees realized from the students. As such the provisions of the U.P. Act No. 24 of 1971 is not applicable and the part time teachers are appointed in accordance with Section 7-AA of the U.P. Intermediate Education Act, 1921 and the Government Order issued from time to time dated 10.08.2001.

4. It is also the case of the parties before this Court that consequent to the retirement of Senior Most Assistant Teacher, Kamta Kishor Patel who was working as Incharge/Officiating Principal of the college. Sri Mewa Lal Maurya (hereinafter referred to as the delinquent teacher) was appointed as an Incharge of the Officiating Principal of the college in question with effect from 01.04.2016. As per the Committee of Management in question the delinquent teacher committed certain acts and omissions which were unbecoming of an Officiating Principal which occasioned the Committee of Management to issue a show cause notice on 07.07.2021 to which the delinquent teacher claims to have tendered his objection on 08.07.2021. In para 8 of the leading writ petition it is further averred that on 13.07.2021 the Committee of Management of institution in question proceeded to dispense with the services of the delinquent teacher and he being aggrieved preferred an appeal before the District Inspector of Schools, Maharajganj on 14.07.2021 as per clause 9(d) of the Government Order dated 10.08.2021. On the appeal being presented before the District Inspector of Schools, Maharajganj, he in turn appointed one Sri Subhash Chandra, Headmaster Government High School, Azadi Jagpur, Maharajganj as an Inquiry Officer to submit the inquiry on the representation of the delinquent teacher.

5. It is further the case of the parties that the delinquent teacher preferred Writ A No. 9774 of 2021 challenging the order dated 13.07.2021 in which initially there was no interim order passed in favour of the delinquent teacher and in the meantime the District Inspector of Schools, Maharajganj proceeded to attest the signature of one Sri Sunil Kumar Kanojiya a part-time teacher in the college as Incharge/Officiating Principal on 13.09.2021. As per the parties before this Court Sri Subhash Chandra, Headmaster, Government High School, Araji Jagpur, Maharajganj who was appointed an an Inquiry Officer by the District Inspector of Schools, Maharajganj on 14.07.2021 submitted its report on 15.09.2021 to which the District Inspector of Schools, Maharajganj being not satisfied, issued a direction to make fresh inquiry and as the inquiry report dated 15.09.2021 suffered from shortcomings. Pleadings further reveal that the writ petition No. 9774 of 2021 preferred by the delinquent teacher came to be dismissed as withdrawn on 02.11.2021 and the delinquent teacher thereafter preferred Writ A No. 17014 of 2021 wherein initially there were two reliefs claimed, however, the first relief was sought to be deleted and the second/residue relief was with regard a mandamus directing the District Inspector of Schools, Maharajganj to take final decision in that matter of removal of the petitioner from the post of Principal of the institution in question and this Court by virtue of the order dated 14.12.2021 disposed of the writ petition while directing the second respondent, District Inspector of Schools, Maharajganj to pass appropriate order in the matter after providing opportunity of hearing.

6. Thereafter, now an order has been passed by the District Inspector of Schools, Maharajganj dated 22.02.2022 whereby the representation/appeal preferred by the delinquent teacher has been allowed and the order of the dispensation of the services of the delinquent teacher dated 13.07.2021 has been set aside while restoring the position which existed prior to passing of the order dated 13.07.2021.

7. Questioning the order dated 22.02.2022 passed by the District Inspector of Schools, Maharajganj, the leading writ petition has been preferred by the Committee of Management.

8. The writ petition was entertained by this Court on 06.04.2022 thereafter response was sought, counter and rejoinder affidavits have been exchanged between the parties.

9. Since no interim order was granted in favour of the Committee of Management staying the effect and operation of the order dated 22.02.2022 passed by the District Inspector of Schools, Maharajganj so the delinquent teacher preferred the connected writ petition No. 11657 of 2023 raising challenge to the order dated 30.06.2023 passed by the Joint Director of Education Gorakhpur Region VII Region, Gorakhpur and sought further relief for a mandamus directing the respondents not to interfere in the peaceful functioning on the post of Principal. The connected writ petition was taken up for consideration on 21.07.2023 wherein the following order was passed.-

"Sri Suresh Chandra Dwivedi, learned counsel for the petitioner submits that the order dated 30.6.2023 passed by the third respondent, Joint Director of Education,Gorakhpur VII Region, Gorakhpur proceeds on misconception of facts and law particularly in view of the fact so far as that the writ petitioner is concerned he is the Principal of the fifth respondent institution Maharana Pratap Inter College, Maharajganj and pursuant to the certain complaints and inquires he was dislodged from working on the post of Principal by virtue of the order dated 13.7.2021 of the fifth respondent, Committee of Management and the writ petitioner thereafter preferred Writ-A No.17014 of 2021, Mewalal Maurya vs. State of U.P. wherein the writ petition was disposed of with a direction to the District Inspector of Schools, Maharajganj who is the opposite party no.2 to consider the claim of the writ petitioner in the light of the fact that there is already a report of Inquiry Officer submitted on 15.9.2021 and thereafter the District Inspector of Schools, Maharajganj by virtue of the order dated 22.2.2022 annexure 5 at page 42 of the writ petition relevant extract at page 47 has proceeded to cancel the order dated 13.7.2021 and restoring the position prior to the passing of the order while restoring the status quo of the writ petitioner.

It is further the case of the writ petitioner that in between there has been certain disputes relating to the Committee of Management and its membership/office bearers which impelled the parties to knock the doors of this court and according to him, since the order dated 22.2.2022 of the District Inspector of Schools was not being enforced and implemented so the District Inspector of Schools thereafter by virtue of the order of Joint Director Education, Gorakhpur, VII Region, Gorakhpur third respondent issued a communication dated 6.4.2023 to the fourth respondent, District Inspector of Schools, Maharajganj to get the order dated 22.2.2020, however in the wake of the order passed in Writ A No.20573 of 2023 wherein the stay order has been passed now the third respondent has proceeded to keep in abeyance, the orders dated 6.4.2023 and 11.5.2023 on totally wrong premise.

The submission of learned counsel for the writ petitioner is that the third respondent has no authority to stay its own order or the order of the District Inspector of Schools.

Sri Pradeep Kumar Shahi, Additional Chief Standing Counsel who appears for respondents 1 to 4 seeks time to obtain instructions in the aforesaid light.

Put up this case on 26.7.2023 as fresh.

Sri Shahi shall also seek instructions that as to whether the order dated 22.2.2022 still intact or not or there is any other legal impediment."

10. Instructions have been sought from the State respondents and on 03.08.2023 instructions have been obtained under the signature of the District Inspector of Schools, Maharajganj which was taken note of in the order dated 04.08.2023.

11. When the matter was taken up on the said date then a statement was made by Sri Arun Kumar who appeared for the Committee of Management that the present petition be connected with leading writ petition and accordingly both the writ petitions have been placed before this Court.

12. Sri Arun Kumar, learned counsel for the writ petitioners, Committee of Management in the leading writ petition while challenging the order dated 22.03.2022 passed by the District Inspector of Schools, Maharajganj has sought to contend that the said order has been passed in violation of principles of natural justice and taking the case of the delinquent on the face value itself that the inquiry proceedings were conducted in violation of principles of natural justice then a blanket order could not have been issued by the District Inspector of Schools, Maharajganj on 22.02.2022 for reinstating the delinquent in service with all consequential benefits by restoring the position which existed prior to the passing of the order in question as in view of the principles as enshrined in service jurisprudence, once the disciplinary proceedings culminating into passing of a punitive order is found to be defective then in these circumstances the proper course open would be to remit the matter back to the authorities to conduct fresh inquiry from the stage wherein the inquiry proceedings were shown to be defective. He, thus, submits that he is foregoing his challenge on the ground of violation of principles of natural justice with relation to the passing of the order dated 22.02.2022, as according to him, the Committee of Management was not served with the copy of the memo of appeal preferred by the delinquent and it was not heard, however, according to him the order be set aside and a direction be issued to Competent Disciplinary Authority to get the inquiry proceedings decided within the time period in that regard. He seeks to rely upon the judgment in the case in Civil Appeal No. 2049-2050 of 2022 State of U.P. & Others Vs. Rajit Singh followed in the case of C/M Muslim Inter College and Others Vs. State of U.P. & 3 Others in Special Appeal No. 716 of 2022 decided on 16.12.2022.

13. Sri Suresh Chandra Dwivedi, who appears for the delinquent teacher in both the writ petitions has submitted that from the perusal of the order dispensing with the services of the delinquent it will reveal that the same is not only non-speaking and unreasoned and no inquiry proceedings worth consideration had been conducted and further on the basis of alleged inquiry which does not partake character of a regular inquiry the services of the delinquent has been dispensed with which even in fact is in violation of principles of natural justice, he further submits that no procedure as known to law has been followed and, thus, according to him the order impugned cannot be faulted in this regard.

14. Confronted with the judgment in the case of Ranjit Singh (supra) the learned counsel for the delinquent submits that though the said judgment governs the subject that in the case of technical defect in the inquiry with regard to violation of principles of natural justice the order of reinstatement may not be issued but what is to be seen is the conduct of the Management in harassing the delinquent so as to denude him to officiate on the post of Principal.

15. Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel, on the other hand, submits that though the order in question appears to be sound on facts but according to him in view of the law laid down by the Apex Court as referred to above reinstatement could not have been granted in the present case.

16. Sri Suresh Chandra Dwivedi, learned counsel for the writ petitioner in the connected writ petition has argued that the premise on which the order dated 30.06.2023 passed by the Joint Director of Education, Gorakhpur Region VII Region Gorakhpur has been passed is totally non-existing as once the order dated 22.02.2022 passed by the District Inspector of Schools, Maharajganj had not been stayed then the order dated 30.06.2023 could not have been passed particularly staying the effect and operation of the order dated 06.04.2023 and 11.05.2023 as the order dated 06.04.2023 even in fact seeks to implement the order dated 22.02.2022 and the order dated 11.05.2023 was an order which was in relation to the dispute of Committee of Management and, thus, it had no relevance in the present facts of the case.

17. To such a submission, Sri Arun Kumar fairly accepts that the said order has been passed on misconceived ground and the same may not hold the water any more, however, according to him the core issue which is to be addressed in the leading writ petition is to govern the subject as to whether the delinquent is to continue and be reinstated along with consequential benefits.

18. Sri Pradeep Kumar Shahi, learned Additional Chief Standing Counsel who appears in the connected writ petition on behalf of the respondents also submits that the order challenged in the connected writ petition has been passed probably on misconception.

19. I have heard the learned counsel for the parties and perused the record carefully.

20. Undisputedly, the institution in question is though recognized under the provisions of U.P. Intermediate Education Act, 1921 but it is an unaided institution. The teachers and the non-teaching staffs are being paid their salaries and are being accorded benefits as per the own resources of the institution in question in terms of the Government order dated 10.08.2021. It is further not in dispute that the Government Order dated 10.08.2021 governs the controversy in question. As rightly pointed by Sri Arun Kumar, learned counsel for the Committee of Management that the inquiry proceedings initiated against the delinquent was not in the correct perspective as it was in direct teeth of the provisions of the Government Order dated 10.08.2021, thus, according to him the part of the order insofar as it holds the inquiry proceedings to be illegal does not warrant any interference. He, however, submits that since once it is found by the Court of law that the inquiry proceedings are defective then the proper course open was to conduct a fresh inquiry in accordance with law.

21. A pointed query was raised to Sri Arun Kumar who appears for the Committee of Management as to whether any charge sheet was issued to the delinquent before passing the order in question or not to this Sri Arun Kumar has made a specific statement that charge sheet was not issued or served and further no inquiry has been conducted as contemplated under Clause 9 of the Government Order dated 10.08.2021. Sri Arun Kumar in his usual fairness has made a statement at bar that since the entire inquiry proceedings stood vitiated and now the Committee of Management of the institution in question would reinstate the delinquent teacher in service and restore its position prior to the passing of the order dated 13.07.2021 and continue to pay current salary and other benefits on month to month basis, however, so far as the payment of salary and the benefits for the period from 13.07.2021 till the reinstatement is concerned the same may be subject to the outcome of the departmental proceedings to be initiated against the delinquent teacher.

22. To such a suggestion, Sri Suresh Chandra Dwivedi, learned counsel for the writ petitioners, on instructions, has made a statement at bar that he has no objection and he gracefully accepts the same, however, according to him in order to eliminate the eventuality of any influence by the Committee of Management of the institution in question in holding inquiry an independent Inquiry Officer be appointed by the DIOS, Maharajganj. Sri Arun Kumar learned counsel for the Committee of Management on instructions submits that he has no objection to the same, however, in case the Management proposes to hold inquiry then it should be conducted within the time stipulated by this Court and the delinquent should cooperate with the same.

23. Considering the submission of the rival parties as well as the stand taken by them, the writ petition is being decided on the following terms; (a) the order dated 22.02.2022 passed by the District Inspector of Schools, Maharajganj in the leading writ petition is maintained to the extent insofar as it seeks to set aside the termination order dated 13.07.2021 while further providing that the delinquent shall be reinstated in service as Officiating Principal in the institution in question; (b) the delinquent teacher shall be entitled to payment of regular salary and allowances from passing of the present order in the writ petition and shall be paid current salary on month to month basis with all benefits; (c) the payment of arrears of salary and other benefits attached thereto for the period from 13.07.2021 till the passing of the order today shall be subject to the inquiry proceedings to be initiated by the Committee of Management of the institution in question; (d) in case, the Committee of Management of the institution in question proposes to hold inquiry against the delinquent teacher then it shall issue charge sheet within a period of 10 days from the date of production of certified copy of the order (e) the Committee of Management of the institution in question shall inform the DIOS, Maharajganj about holding of the inquiry and the DIOS, Maharajganj shall appoint an Inquiry Officer to hold inquiry against the delinquent teacher; (f) the Inquiry Officer shall fix date, time and venue and after affording opportunity of hearing to the delinquent teacher and the Committee of Management of the institution in question shall conclude the inquiry within a period of further two months; (g) on the receipt of the inquiry report appropriate follow-up action shall be taken by the Competent Disciplinary Authority in accordance with law; (h) the period stipulated for conducting inquiry and giving it a logical end shall be subject to cooperation of the parties in that regard; (i) in the eventuality the Committee of Management of the institution in question does not propose to hold inquiry against the delinquent teacher then the delinquent teacher shall be entitled to all benefits in that regard forthwith.

24. So far as the challenge raised in the connected writ petition to the order passed on 30.06.2023 by the Joint Director of Education Gorakhpur VII Region, Gorakhpur is concerned since agreed between the parties that the same has been passed by total non-application of mind, however, in view of the order passed in the leading writ petition the order dated 30.06.2023 passed by the Joint Director of Education has lost its efficacy and accordingly, connected writ petition bearing No. 11657 of 2023 has become infructuous.

25. With the aforesaid observations, the writ petition stands disposed of.

Order Date :- 7.8.2023

Rajesh