Hon’ble Devi Prasad Singh, J.—In these writ petitions, common question of facts and law are involved, hence are being decided by present common judgment. Writ Petition No. 11 of 2004 is taken as leading writ petition.

2. These are the petitions under Article 226 of the Constitution of India. Substantial question of law of public importance involved in the present writ petition is whether on the recommendation and finding recorded by Lokayukta, a statutory authority under U.P. Lokayuktas Act, 1975 (in short, 1975 Act), services of an employee, may be dispensed with without following service rules. In the present case, the petitioner happens to be the officer/Scientists of a body constituted under Societies Registration Act. The further question involved is whether an action may be taken by an authority of Society not empowered under the Memorandum or Rules of the Association ?

(i) FACTS AND RULES

3. Keeping in view the lengthy argument and pleading pressed by parties’ counsel, the writ petitions are decided under the following heads :

(i) Facts & Rules

(ii) Appointment of Director

(iii) Defence set up by the respondents and filing of false affidavit

(iv) Proceeding before Lokayukta

(v) Recommendation of Lokayukta

(vi) Natural Justice

(vii) Concealment of Fact and Abuse of Power

(viii) Finding

(ix) Order

4. The respondent No. 1, Remote Sensing Application Centre, Lucknow (in short, Centre) is a body constituted under Societies Registration Act, governed by its Memorandum and Rules of Association. The rules of Association contains the provision conferring power on its different authorities to manage the affairs of Association. The centre has published an advertisement No. 1/99 in October 1990 inviting applications for appointment on the post of its Director from Scientist of repute having five years experience at higher level of responsibility, managerial experience in project, planning formulation, implementation, evaluation and administrative experience. The advertisement (Annexure-4) requires following essential qualification :

“Ph.D in any Natural Science discipline with more than 10 years of working experiences emphasising in the field of remote sensing applications/M.Sc in any Natural Science discipline with 20 years working experience in related field having outstanding research project and applications work.”

5. In pursuance to aforesaid advertisement, the petitioner has submitted an application being qualified for the post in question. The qualification and experience has been narrated in Annexure 5 to the writ petition according to which the petitioner possess the following qualification :

“Ph.D., University of Allahabad, Allahabad, India. Thesis : Distribution and formation of salt-affected soils in Ganga-Yamuna Doab - A regional study using remote sensing techniques. 1990.

Post Graduate Diploma in Photo-interpretation for soil survey, Indian Institute of Remote Sensing, Dehradun, India. 1976

M.Sc. Agriculture, Soil Science, G.B. Pant Universioty of Agril. And Technology, Pantnagar, India. Thesis : Mineralogy of Soils from Eucalyptus plantation area in Nainital tarai. 1974.

B.Sc. Agriculture, Rajendra Agril. University, Bihar, India. 1971

6. Apart from aforesaid qualification, the petitioner had attended following additional professional course and awarded for outstanding performance. They are reproduced as under :

PROFESSIONAL COURSES ATTENDED

(I) Attended Short course on Remote Sensing Technology and Applications held at LARS, Purdue University, U.S.A. (1977)

(ii) Participated in a training course on the Multispectral Data Analysis System conducted by the Aerospace Systems Division of the Bendix Corporation, Ann Arbor, Michigan, U.S.A. (1977)

(iii) Attended a workshop on Radar Data Applications to Agriculture, conducted by Interra Technologies, Canada (1989)

(iv) Participated in a Simulation and Systems Analysis Course conducted by the University of the Philippines and IRRI, Los Banos, Philippines (1993).

(v)