ORDER :

1. Heard Mr. Sunil Kumar Srivastava, petitioner in person and learned Standing Counsel appearing for Respondents No.1 to 4 as well as Mr. Madan Lal Srivastava, learned counsel appearing for Respondent No.5.

2. Petitioner in his writ petition has stated that he has filed a complaint to District Basic Education Officer, Prayagraj wherein he has mentioned that one Mr. Arun Kumar Mishra has obtained appointment on the post of Assistant Teacher in Bal Kalyan Purv Madhyamik Vidyalaya, Buxi Khurd, Daraganj, Prayagraj on the basis of forged documents, therefore, inquiry may be conducted in the matter and the appointment of aforesaid Mr. Arun Kumar Mishra be cancelled.

3. Petitioner appearing in person has submitted that though cognizance of the aforesaid complaint lodged by the petitioner has been taken by the District Basic Education Officer, Prayagraj but till date the inquiry in the matter has not been completed, therefore it is in the interest of justice that a direction be issued by this Court for completion of the inquiry and consequential action over the complaint of the petitioner.

4. Mr. Madan Lal Srivastava, learned counsel appearing for the Respondent No.5 has vehemently submitted that the petitioner while filing the present writ petition has concealed material facts which were in his knowledge at the time of filing of this writ petition and therefore, the writ petition filed by the petitioner is liable to be dismissed by this Court as it is well settled through catena of judgments of the Hon’ble Supreme Court that if petitioner while filing the writ petition conceals material facts then he is not entitled for any relief from the High Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India.

5. Learned counsel appearing for the Respondent No.5 has submitted that this writ petition was listed before this Court on 26.5.2023 and when this fact was brought to the notice of this Court, then following order was passed:-

“Vakalatnama as preferred by Sri Madan Lal Srivastava, learned counsel for respondent no.5 is taken on record.

Put up this case on 30.05.2023 as fresh alongwith Writ Petition No.4262 of 2023.”

6. Learned counsel appearing for the Respondent No.5 has further submitted that on the complaint of the petitioner, District Basic Education Officer, Prayagraj has passed an order on 6.2.2023 whereby inquiry against Mr. Arun Kumar Mishra has been instituted and further direction was given to stop the payment of salary to aforesaid Mr. Arun Kumar Mishra.

7. It has also been brought to the notice of this Court that aforesaid Mr. Arun Kumar Mishra has challenged the order dated 6.2.2023 passed by District Basic Education Officer, Prayagraj by filing Writ-A No.4262 of 2023 wherein he has also prayed that proceedings arising out of the complaint submitted by complainant Mr. Sunil Kumar Srivastava may be quashed.

8. This Court after hearing the aforesaid Writ-A No.4262 of 2023 has passed order on 11.4.2023 which is extracted as under:-

“Heard Shri Anil Bhushan, learned Senior Counsel assisted by Shri Himanshu Srivastava, learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Arun Kumar, learned counsel for respondent No. 3.

The challenge in this writ petition is to an order dated 6.2.2023 passed by the respondent No. 3/District Basic Education Officer, Prayagraj whereby and whereunder the payment of salary to the petitioner on the post of Assistant Teacher has been withheld. Prayer for mandamus directing the respondents not to conduct further inquiry upon the issue which already stands decided has also been made. Further prayer for mandamus directing the respondents to disburse regular monthly salary as well as arrears of salary to the petitioner has also been made.

It is contended by learned counsel for the petitioner that the petitioner possessing the requisite qualification of High School, Intermediate and B.T.C., was appointed in the Instit