Point of Law : Needless to say, the inquiry report is subject to consideration by the disciplinary authority who is required to pass a reasoned and speaking order after giving a copy of the same to the employee concerned. It is open for the disciplinary authority either to accept the inquiry report or to reject the same, and therefore unless it is shown that the said inquiry report suffers from some jurisdictional error or that there is some element of malafide in conduct of the said inquiry interference is not required to be made by this Court in exercise of power under Article 226 of the Constitution of India.

JUDGMENT :

Alok Mathur, J.

1. Heard Sri Girijesh Tiwari, learned counsel for the petitioners, learned Standing counsel for the State while Sri A. P. M. Tripathi has accepted notice on behalf of respondent No.4.

2. The petitioners are aggrieved by the inquiry report submitted by Assistant Director of Education (Basic) on basis of a private complaint and have approached Court with the prayer to quash the said inquiry report, and further directing the respondents not to proceed with conduct of regular inquiry, and not to take any coercive action against the petitioners and to allow them to continue as Assistant Teacher in institution.

3. The brief conspectus of the case is that the petitioners are working as Assistant Teacher in the institution known as Maa Reshma Kuwari Balaika Vidyalaya Manihari, Salempur, District Deoria which is a recognised and aided institution up to Junior High School standard, and provisions of the U.P. Recognised Basic School (Junior High School) (Recruitment and Condition of Service of Teachers) Rules, 1978 as well as the Provisions of U.P. Junior High School Payment of Salaries of Teachers and other Employees Act, 1978 are applicable and consequently the salary of the teaching and non teaching staff’s is being disbursed under the provisions of the above Act.

4. It has been submitted that all the petitioners have been appointed in accordance with the relevant rules after publication of the advertisement and they fulfill all the requisite qualifications, and even their appointments were approved by the competent authority, and hence there is no infirmity in the same.

5. The grievance of the petitioners have commenced on account of a complaint sent by one Ritul Bisen to the District Magistrate Deoria levelling allegations that there was irregularity committed in the selection and appointment of the petitioner and also that they lack the relevant qualifications required for being appointed on the said posts.

6. The District Magistrate, Deoria by order dated 28/09/2020 directed the Basic Education Officer to conduct an inquiry into the matter, who in turn delegated it to Block Education Officer, Salempur, District Deoria. The Block Education Officer conducted an inquiry and submitted its report on 17/08/2020 to the Basic Education Officer holding that there was no infirmity in the appointment of petitioners, and consequently the said report was forwarded to the District Magistrate by the Basic Education Officer on 18/08/2020 reiterating the findings recorded by the Block Education Officer.

7. It is submitted that the similar complaint was submitted by Ritul Bisen to the Assistant Director of Education (Basic) Gorakhpur Region, Gorakhpur, who proceeded to inquire into the allegations himself and issued directions to the Manager of the institution as well as Basic Education Officer to submit their comments with regard to the allegations made in the said complaint. The Assistant Director of Education (Basic) after calling for the replies and also after examining the records produced by them as well as giving an opportunity to the petitioners has prepared an inquiry report which has been forwarded to the District Basic Education Officer, Deoria to conduct a regular inquiry in accordance with law. It is the said inquiry report which has been assailed by the petitioners in the present writ petition.

8. Counsel for the petitioners has submitted that once an inquiry has already been conducted by the District Basic Education Officer and the report was forwarded to the District Magistrate by order dated 18/08/2020 then there was no occasion for a regular inquiry into the same allegations and the same constitutes, harassment and consequently prayer has been made to set aside the order for conducting the regular inquiry on the said complaint.

9. The second ground urged by the petitioners is that all the petitioners are working for more than 10 years, and after such a long period of time questioning the qualifications and the pro