The main legal point established is that the grounds for suspension under Section 16-D (8) must be relevant, based on accurate information, and not too stale to justify immediate action. The State Government must form an opinion for immediate suspension and specify the reasons for it.

Sri Yadavesh Inter College, Nav Purvaa, Jaunpur is an intermediate college recognised under the U. P. Intermediate Education Act hereinafter called the Act. The committee of management is aggrieved by an order passed by the State Government under Section 16-D (8) of the Act by which the committee of management has been suspended and an authorized controller has been appointed. It appears that there were certain reports about irregularities prevailing in the college. These irregularities can be summarized into three heads; First that the committee of management had appointed 53 teachers and staff although the sanctioned strength was only 33. Second that some land of the institution was sold by the committee illegally and the proceeds were not applied for the purpose for which permission for sale had been granted and Third that a sum of Rs. 38,260/-had been withdrawn by the management of the institution under single signatures instead of under the joint signatures and has been misappropriated. It appears that a notice was given by the Deputy Director of Education to the petitioners pointing out certain irregularities and after obtaining the explanation of the committee of management in regard thereto the Deputy Director of Education made a recommendation dated 8-8-2003 to the State Government that there were irregularities in making excess appointments of teachers and staff and that an authorized controller be appointed.

2. While the matter was thus pending before the State Government a notice dated 5-11-2004 under Section 16-D (5) was issued by it to the petitioners to give their explanation in respect of the three irregularities of which reference has been made above. The committee submitted its explanation on 30- 12-2004 and the final decision on the notice after considering the explanation has yet to be taken by the State Government. On the same date on which the notice under Section 16-D (5) was issued the State Government passed the impugned order suspending the committee of management and appointing the authorized controller.

3. I have heard Sri P. N. Saxena, learned Senior Counsel assisted by Sri R. N. Vishwakarma, learned Counsel for the petitioners, the learned Standing Counsel on behalf of the respondents 1, 2 and 3 and Sri

A. K. Sinha, learned Counsel for the respondent No. 4 who is the complainant and on whose complaint the enquiry was initiated.

Section 16-D (5) and (8) read as under :

(5) If on the receipt of information or otherwise, the State Government is of opinion that in relation to an institution the ground mentioned in Clause (iii) or clause (v) of sub-section (3) exists, and that the interest of the institution calls for immediate actions, it may notwithstanding anything contained in the said sub-section, issue notice to the management of such institution to show cause within fifteen days from the date of receipt of such notice why an authorized controller be not appointed in respect of such institution.

(8) If the State Government is of opinion that immediate suspension of the committee of management is also necessary or expedient in the interest of the institution concerned, it may, while issuing notice under sub-section (5) by order and for reasons to be recorded, suspend the committee of management and make such arrangement as it thinks proper for managing the affairs of the institution pending the order that may subsequently be made under sub-section (6 ).

Provided that the suspension shall not remain in force for more than six months from the date it becomes effective.

4. It is clear from the language in which sub-section 8 is couched that the pre-requisite for taking action under that provision is the existence of opinion of the State Government that immediate suspension of the committee of management is necessary or expedient in the interest of the institution concerned. The other precondition for passing the order of suspension is that reasons have also to be recorded. Sub-secti