JUDGMENT :

Saral Srivastava, J.

Heard Sri S.K. Om, learned counsel for the petitioners, learned Standing Counsel for respondent Nos. 1 to 3 and Sri Rahul Mishra, learned counsel for the respondent No. 4.

2. The petitioner by means of the present writ petition has assailed the order dated 25.2.2021 passed by respondent No. 3 by which he has stayed the order of termination of respondent No. 4 subject to the decision of Criminal Case No. 141 of 2020, under Sections 379, 419, 420 and 506 I.P.C. and directed the petitioner to submit salary bills of respondent No. 4.

3. The petitioner is Committee of Management of Shiraze Hind Inter College, Murki, Kerakat, District Jaunpur (hereinafter referred to as 'college'). The said college is recognized and aided intermediate college governed by the provision of U.P. Intermediate Education Act, 1921 (hereinafter referred to as 'Act, 1921') and also U.P. Act No. 24 of 1971. The petitioner claims that the college is a minority college and the provision of U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as 'Act, 1982') is not applicable to the college being minority college.

4. The respondent No. 4-Ashutosh Kumar Singh was appointed as Assistant Teacher on 4.8.2010 in the college. The respondent No. 4 failed to discharge his duties properly as he was involved in groupism, politics and also trying to control the management of the college which effected the study of the students and future of the students of the college was at stake.

5. The respondent No. 4 was issued a show-cause notice by the petitioner which was replied by the respondent No. 4 on 10.2.2020. The reply of respondent No. 4 was placed before the petitioner for consideration. The petitioner found the reply of respondent No. 4 to the show-cause notice unsatisfactory and consequently, suspension order dated 17.2.2020 was issued against respondent No. 4.

6. Thereafter, disciplinary committee on 5.5.2020 issued charge-sheet against the respondent No. 4 levelling six charges, which reads as under;-

^^vr% vkids fo:) tkap mijkar vkjksi i= fuEufyf[kr fcUnqvks ij fn;k tkrk gSA
¼1½ vkids dk;Zdky es fo|ky; ¼'khjkts fgUn b.Vj dkyst eqdhZ] dsjkdr] tksuiqj½ dh lk[k lekt esa fxjh ,oa fo|ky;] fo|ky; u jgdj jktuhfr dk vMMk vkSj ,d vU; lŒvŒeksŒ jkQs ds lkFk vkidk /kuksiktZu dk vMMk cudj jg x;kA
¼2½ vkids vkSj vU; laŒvŒeksŒ jkQs }kjk Nk=ks dks dksfpax vkSj V;w'ku iढ+kus ds fy, mRizsfjr fd;k tkrk gS vkSj bldks ysdj Nk=ks dks ekjk ihVk Hkh tkrk gSA vkids bl fØ;k dyki ls fo|ky; ls Nk=ks dk iyk;u rsth ls gks jgk gSA
¼3½ vkids fØ;k dyki ,oa laŒvŒeksŒ jkQs ds lkFk xqVckth djds fo|ky; dh O;oLFkk ij vf/kdkj tekus gsrq izca/k lfefr ds lkFk uwjk dq'rh djus es O;LFk jgrs gSA
¼4½ vkidks fnukad 04-02-2020 dks dkj.k crkvks uksfVl dk tokc desVh dks u nsdj vkius mYVs desVh ls gh loky iwN fy;s blls izrhr gksrk gS fd vki nacax] vuq'kklughu vkSj ljd'k fdLe ds O;fDr gS vkSj vkidk vlkekftd rRoks ls Hkh xBtksM gSA
¼5½ vki }kjk ckj&ckj 'kklu&iz'kklu dks xqejkg djus dk iz;kl fd;k x;k ftlls fo|ky; dks dkQh vkfFkZd o lkekftd uqdlku mBkuk iM+kA
¼6½ fo|ky; esa iBu ikBu dk;Z es :fp ugh nsrs gSA eksckby ij icth xse es O;Lr jgrs gSA

7. The respondent No. 4 submitted reply to the aforesaid charge-sheet on 9.5.2020. The respondent No. 4 was aware of the fact that college was minority college and Section 16(G)(7) of the Act, 1921 is not applicable yet he wrote a letter dated 11.5.2020 to respondent No. 3-District Inspector of Schools, Jaunpur.

8. On receiving the letter of respondent No. 4, the respondent No. 3-District Inspector of School passed an order dated 11.5.2020 directing the petitioner to submit salary bills of respondent No. 4 as the suspension order became inoperative on expiry of 60 days in absence of approval of respondent No. 3 in view of Section 16 (G) (7) of the Act, 1921.

9. In the reply to the charge-sheet, the respondent No. 4 denied all the charges levelled against him. However, disciplinary committee did not find the reply of respondent No.