ALLAHABAD HIGH COURT
BEFORE : MAHESH CHANDRA TRIPATHI, J.
INDER SINGH GANDHI ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 50433 of 2013, decided on 4th September, 2015)
Result; Petition Allowed.
Hon’ble Mahesh Chandra Tripathi, J.—Heard Shri Dhruv Narain, Senior Advocate assisted by Shri Irshad Ali and Shri Bhavesh Pratap Singh for the petitioner and Shri P.N. Saxena, Senior Advocate assisted by Shri Alok Dwivedi for the private respondents. Learned Standing Counsel has appeared for the State respondents.
2. By means of present writ petition, the petitioner has prayed for quashing the impugned termination orders dated 25.8.2013 and 5.9.2013 issued by the Manager, Harjinder Nagar Inter College, Harjinder Nagar, Kanpur Nagar and has further prayed for direction commanding the respondents not to interfere in his functioning as Principal of the Intermediate College and to pay his regular monthly salary on the said post including all arrears of salary from the date of his suspension.
3. Brief facts giving rise to the present case are that Harjinder Nagar Inter College, Harjinder Nagar, Kanpur Nagar (hereinafter referred to as the institution) is a recognized and aided Intermediate College and is governed by the provisions of U.P. Intermediate Education Act, 1921 (in short, the Act) and U.P. High School Intermediate Colleges (Payment of Salaries to the Teachers and other Employees) Act, 1971. The institution is established and administered by Sikh minority community and has been accorded recognition as a minority institution. The petitioner was appointed as Lecturer in the institution on 30.10.1979. Subsequently, he was selected for the post of Principal by way of direct recruitment and appointed as Principal of the institution on 5.9.2002. The petitioner is in continuous service in the institution from 30.10.1979 and as Principal of the institution from 5.9.2002 and his conduct throughout has been satisfactory and no complaint has been made with regard to his working and conduct. Till the management dispute having come into existence in the institution, there existed no objection of any kind against the working or conduct of the petitioner.
4. Due to the dispute of Committee of Management of the institution, this Court vide order dated 4.9.2006 passed in Writ Petition No. 22431 of 2005 authorized the petitioner to carry on day-to-day administration of the institution with the rider that he shall not take any policy decision or incur any financial liability on the institution except for routine expenses.
5. The last election of the Committee of Management of the institution was held on 30.5.2011 in which Shri Balram Singh Oberoi was elected as President and Shri Kulwantjit Singh Gill was elected as Manager. The District Inspector of Schools accorded approval to the said elections on 6.6.2011. On 30.5.2012 a resolution was passed by the Committee of Management removing Kulwantjit Singh Gill by a motion of no confidence and electing Manmohan Singh to function as Manager in his place. The said motion of no confidence was approved by the District Inspector of Schools, Kanpur Nagar by order dated 6.7.2012 and the recognition was also accorded to Manmohan Singh to function as Manager. Shri Kulwantjit Singh Gill filed a Writ C No. 33822 of 2012 challenging the order dated 6.7.2012, in which an order was passed on 24.7.2012 declining to grant stay order. The order dated 24.7.2012 was challenged in Special Appeal No. 1333 of 2012. Hon’ble Division Bench disposed of the said Special Appeal 13.8.2012 with direction that the matter be placed before learned Single Judge on 16th August, 2012 with a request to the learned Single Judge to atleast dispose of the stay matter. Thereafter an interim order was granted by learned Single Judge in the aforesaid writ petition on 27.8.2012. Finally the writ petition was dismissed on 19.10.2012. A Special Appeal was filed against the said judgment and the said Special Appeal was dismissed on 4.12.2012. A Special Leave Petition against the said order was filed before Hon’ble Supreme Court, which was also dismissed on 8.2.2013. After dismissal of the Special Leave Petition, the controversy pert
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