By the Court.—This intra Court appeal under Chapter VIII Rule 5 of Allahabad High Court Rules has been filed by the Committee of Management through its Manager and by one Sri Gyan Prakash Govil describing himself as Manager of the same Institution against the judgment and order dated 5.5.2017, passed in Writ-A No. 19142 of 2017.

2. The facts relevant for deciding this special appeal are as under :

Janta Inter College, Cherat, Aligarh is an aided and recognized intermediate College. The said institution is run and managed in accordance with the approved scheme of administration framed under the provisions of U.P. Intermediate Education Act, 1921 (hereinafter referred to as the Act of 1921). It is not in dispute that the Committee of Management of Janta Inter College with Sri Gyan Prakash Govil as Manager was managing the said Institution till passing of the order dated 20.4.2016 under Section 6 (3) of the U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 (hereinafter referred to as the Act of 1971). By means of the order under Section 6 (3) of the Act of 1971 dated 20.4.2016, the Committee of Management of the Institution was superseded and authorized controller was appointed. Not being satisfied with the order, the Committee of Management preferred Writ Petition No. 20014 of 2016 which was disposed of vide judgment and order dated 24.5.2016 providing therein that the petitioner Committee of Management may represent its grievance before the Joint Director of Education who in turn was required to decide the matter in a time bound manner and till such decision the order of appointment of authorized controller was kept in abeyance.

3. The Joint Director of Education rejected the representation so made by the petitioner vide order dated 30.6.2016 and as result of which the authorized controller was appointed in the Institution. The Committee of Management filed Writ Petition No. 41261 of 2016 wherein an interim order was granted by High Court on 1.9.2016.

4. In the meantime, the State Government in exercise of powers under Section 16-D (4) of the Act of 1921 appointed an authorized controller for the Institution vide order dated 20.4.2016. Against the said order the Committee of Management preferred Writ Petition No. 52774 of 2016 which was allowed vide order dated 5.11.2016 and the State Government was directed to reconsider the matter.

5. The State Government passed a fresh order on 28.12.2016 again superseding the Committee of Management for a period of six months. The Committee of Management filed Writ Petition No. 2330 of 2017 wherein an interim order was granted on 18.1.2017. Against the order dated 1.9.2016 passed in Writ Petition No. 41261 of 2016 special appeal was filed by the respondents to the writ petition. The appeal was disposed of after vacating the interim order with direction upon the Committee of Management to avail its statutory remedy by way of appeal before the State Government.

6. The Committee of Management has filed an appeal before the State Government which is pending, however no interim order has been granted by the State Government, at least nothing has been brought on record. Therefore, the authorized controller is stated to have resumed the control over the Institution.

7. While all these proceedings were being taken against the Committee of Management, it decided to hold disciplinary enquiry against the Principal of the Institution, namely, Dr. J.P. Yadav and that vide resolution dated 28.2.2017, he was placed under suspension pending enquiry. The papers for approval of the suspension affected by the Committee of Management were transmitted to the District Inspector of Schools as contemplated under Section 16-G (5) & (7) of the Intermediate Education Act, 1921.

8. The District Inspector of Schools under order dated 27.4.2017 has held that since the statutory period of sixty days has expired from the date of passing of the order of suspe