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