IMPORTANT POINT
The refusal to hand over charge of Officiating Principal was arbitrary and constituted legal malice, as the petitioner was exonerated of previous charges.

JUDGMENT :

SUBHASH VIDYARTHI, J.

1. Heard Sri Gautam Baghel, the learned counsel for the petitioner, Sri Gaya Prasad Singh, the learned Standing Counsel appearing on behalf of the State-opposite parties no. 1 to 4, 7 and 8, Sri Indra Raj Singh, the learned counsel for the opposite party no. 6.

2. The opposite party no. 5-Manoj Kumar Mishra is the District Inspector of Schools, Azamgarh who has been impleaded in his personal capacity as allegations of malice have been levelled against him.

3. By means of the instant writ petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of an order dated 10.04.2024, passed by the District Inspector of Schools, Azamgarh, whereby he has declined to hand over the charge of Officiating Principal of S.K.P. Inter College, Jokhara, Azamgarh (which will hereinafter be referred to as ‘the college’) to the petitioner till a decision in this regard is taken by the Director of Education (Secondary Education), Uttar Pradesh The petitioner has also challenged the validity of an order dated 24.07.2024, passed by the opposite party no. 7-Authorized Controller of the college/District Inspector of Schools, Azamgarh, whereby the petitioner has been placed under suspension.

4. Briefly stated, the facts of the case are that the petitioner was appointed as L.T. Grade teacher in S.K.P. Inter College, Azamgarh in the year 1993 with the approval of District Inspector of Schools, Azamgarh. The petitioner’s services were regularized by means of an order dated 27.06.2001. The petitioner was promoted on the aforesaid post of Lecturer (Zoology) on ad-hoc basis by means of an order dated 26.07.1999, passed by the District Inspector of Schools, Azamgarh, which was confirmed by the Joint Director of Education by means of an order dated 27.09.2001. The senior most Lecturer who was working as ad-hoc Principal of the college resigned on 16.08.2022 and the petitioner was made Officiating Principal of the college and his signatures were attested by the District Inspector of Schools, Azamgarh 01.09.2022.

5. On 10.07.2023 the District Inspector of Schools, Azamgarh issued a circular directing all the Managers/Principals of aided intermediate colleges to give updates of the pending writ petitions filed by the employees of the colleges. Upon issuance of the aforesaid circular the petitioner verified the status of the pending court cases, whereupon it came to light that one Ram Sahai Maurya, a Class-IV employee of the college, had filed Writ (A) No. 25304 of 2001, in which this court had passed an interim order dated 13.07.2001 directing payment of salary to the petitioner, but the writ petition was dismissed for want of prosecution on 20.04.2018. On 26.07.2023 the petitioner issued a notice to the aforesaid employee asking about the status of his pending case and a similar notice was issued by the Authorized Controller on 27.07.2023.

6. On 03.08.2023, the District Inspector of Schools, Azamgarh issued a show cause notice to the petitioner as to why the aforesaid Class-IV employee was paid salary after dismissal of his writ petition and on 04.08.2023 the authorized controller issued a similar notice to the petitioner.

7. The petitioner submitted a reply to the aforesaid notice stating that he got knowledge of dismissal of the writ petition only after holding an enquiry in pursuance of the circular dated 10.07.2023 issued by the District Inspector of Schools, Azamgarh. He further stated that he had assumed the charge of the post of Principal on 01.09.2022 only and he was never informed about the dismissal of the writ petition on 20.04.2018.

8. On 29.08.2023 the District Inspector of Schools, Azamgarh passed an order reverting the petitioner to the post of Lecturer on the ground of payment of salary to a Class-IV employee after dismissal of the writ petition and also certain irregularities committed in making admissions to NCC, which ground was not mentioned in the show cause notice.

9. The pet