JUDGMENT : 1. Heard Shri Ravi Singh, learned counsel for the petitioner and Shri Sandeep Sharma, learned Standing Counsel appearing for the State-respondents. 2. The petitioner-Shri Arvind Kumar Pandey while holding the post of Joint Director of Education, Ayodhya Division, Ayodhya has filed the present petition under Article 226 of the Constitution of India seeking quashing of the order dated 15.04.2023 for placing him under suspension under Rule 4 of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 (hereinafter referred to as “Rules, 1999”) and instituting the disciplinary proceedings against him. The petitioner has also challenged the order dated 18.04.2023 whereby the charge of Joint Director of Education, Ayodhya Division, Ayodhya has been given as an additional charge to Shri Manoj Kumar Dwivedi, Divisional Joint Director, Kanpur. 3. The petitioner had allegedly in abuse and misuse of his power for extraneous consideration had regularized 122 teachers who were illegally appointed by the Committees of Management of several schools/colleges after 07.08.1993, and these teachers were drawing salary only on the strength of interim orders passed by this Court in respect of payment of salary to such teachers. The petitioner allegedly in criminal conspiracy with the Committees of Management of several schools/colleges for extraneous consideration and against the notification dated 22.03.2016 had regularized the services of the said 122 teachers. 4. Against these illegal regularizations, one Shri Shashi Kant Pandey, Assistant Teacher, P.D. Inter College, Sonyasa, Rasoolabad, Ayodhya gave a complaint vide letter dated 05.12.2022 and another complaint dated 20.01.2023 made by Shri Shailesh Kumar Singh, Assistant Teacher, resident of Village Kopa, Post-Alipur, District- Sultanpur was also received by the State Government in respect of illegal regularization of teachers by the petitioner. 5. The State Government with a view to find out the correctness, veracity and genuineness of the aforesaid two complaints, vide order dated 20.01.2023 directed the Commissioner, Ayodhya Division, Ayodhya to get the allegations labeled against the petitioner in the aforesaid two complaints enquired. The Commissioner, Ayodhya Division, Ayodhya vide letter dated 27.02.2023 constituted a Three Members Enquiry Committee comprising of (1) Shri Sunil Kumar Shukla, Additional Commissioner (Administration), (2) Shri Neeraj Srivastava, Additional Director, Treasury and Pension, Ayodhya Division, Ayodhya and (3) Shri Arvind Kumar John, Joint Development Commissioner, Ayodhya for making an enquiry into the allegations in two complaints against the petitioner and for submission of a report. 6. 6. The Three Members Enquiry Committee in its report dated 03.03.2023 concluded that Shri Arvind Kumar Pandey-petitioner had regularized such teachers who were getting salary in compliance of interim orders passed by this Court. It was also noticed that as per the notification dated 22.03.2016, the State Government had directed that the teachers who were not appointed in accordance with the Uttar Pradesh Secondary Education Service Commission (Removal of Difficulties) Order 1981 or as per Section 18 of the Uttar Pradesh Secondary Education (Services Selection Boards) Act, 1982 would not be entitled for regularization. The petitioner had not adhered to the said directions issued by the State Government and had regularized the services of teachers who were illegally appointed by the managements. 7. The petitioner in a well strategic move cancelled the regularization of 34 teachers under his signatures without following the prescribed procedure and without constituting a committee so that these 34 teachers would get relief from the High Court. It appears that as per the well thought out strategies of the petitioner, these 34 teachers had obtained relief from this Court against the orders passed by the petitioner cancelling their regularization without following due procedure. 8. It is relevant to take note of that for considering regularization of the teachers appointed on adhoc basis by the Committees of Management of several schools/colleges, the State Government had constituted a Four Member Committee under Section 33-C(2) (a) of the Uttar Pradesh Secondary Education (Service Selection Boards) Act, 1982 comprising of (A) Joint Director of Education, (B) Divisional Deputy Director of Education, (C) Divisional Assistant Director of Education (Basic), Ayodhya Region, Ayodhya and (D) District Inspector of Schools of concerned District. Such committees have been constituted for every division of the State. The petitioner constituted the Committee, wherein in place of the persons as directed by the State Government, their nominated members were part of the said Committee and the petitioner obtained their signatures for regularization of adhoc teachers who were illegally appointed by the Committees of Management of several schools/colleges after 07.08.1993. 9. Considering the illegal, arbitrary and malafide conduct of the petitioner for extraneous consideration, the State Government had placed the petitioner under suspension vide impugned order dated 15.04.2023 under Rule 4 of the Rules, 1999 and has instituted disciplinary proceedings against him under Rule 7 of the Rules, 1999. 10. 9. Considering the illegal, arbitrary and malafide conduct of the petitioner for extraneous consideration, the State Government had placed the petitioner under suspension vide impugned order dated 15.04.2023 under Rule 4 of the Rules, 1999 and has instituted disciplinary proceedings against him under Rule 7 of the Rules, 1999. 10. Vide Office Memorandum dated 01.05.2023, Shri Pawan Kumar, Director, (IAS) Social Welfare, Uttar Pradesh, Lucknow was nominated as the Enquiry Officer. With the approval of the appointing authority vide Office Memorandum dated 01.05.2023 charge-sheet has been issued to the petitioner containing five charges for illegal regularization of teachers with malafide for extraneous consideration. 11. The petitioner was given fifteen days’ time to file his response/reply to the said charge-sheet. The State Government vide Office Memorandum dated 10.05.2023 had issued supplementary charge-sheet containing charge of illegal regularization of 34 adhoc teachers in District-Ambedkarnagar, Ayodhya and Sultanpur. The State Government has also constituted a vigilance enquiry vide letter dated 10.05.2023 in respect of movable and immovable properties illegally earned by the petitioner during his Government service. The Vigilance Department is conducting an open enquiry on the basis of various complaints received against the petitioner for amassing huge disproportionate assets by him during his service period. 12. Shri Ravi Singh, learned Counsel for the petitioner has submitted that the impugned suspension order is illegal. There is no allegation of embezzlement by the petitioner or accepting bribe for regularizing 122 teachers appointed by the Committees of Management of several schools/colleges. He has further submitted that the charges, if proved, would not entail major penalty, therefore, placing the petitioner under suspension vide impugned order dated 15.04.2023 is wholly unjust, illegal and arbitrary. Since, some of the members of the Regularization Committee had withdrawn their membership and therefore, the petitioner had nominated persons in their place. It cannot be said that the petitioner had illegally acted in constituting the committee for regularization. He has further submitted that the petitioner was authorized by the State Government through the Committee for Regularization of the candidates that if any concealment or fabrication was found against a candidate(s), the petitioner could cancel the regularization of such candidate(s), therefore, the petitioner has cancelled the regularization of 34 such teachers. The suspension order should not be a routine administrative order. An employee should be placed under suspension on consideration of gravity of misconduct or nature of allegations imputed to the delinquent employee. The suspension order should not be a routine administrative order. An employee should be placed under suspension on consideration of gravity of misconduct or nature of allegations imputed to the delinquent employee. Considering the charges against the petitioner, it appears that the order has been passed as a routine administrative order, therefore, the same is liable to be set aside. 13. On the other hand, Shri Sandeep Sharma, learned Standing Counsel for the State-respondents has opposed the prayer made on behalf of the petitioner and has submitted that the petitioner had acted in a most illegal, arbitrary and malafide manner for extraneous consideration in illegally regularizing 122 teachers and thereafter, cancelling the regularization of 34 teachers illegally just to benefit them in the writ court. He further submitted that charges, if proved, would entail major penalty. Considering the influence, resources and wealth accumulated by the petitioner, the State Government in a well considered decision has placed him under suspension and has ordered an open vigilance enquiry for huge wealth amassed by him during his service period. 14. I have considered the submissions made on behalf of the parties. 15. The word ‘mafia’ is quite prevalent in India. There are Bahubalis and Mafias in politics who have amassed huge wealth from the proceeds of crime and their rein of terror runs deep into hearts and psyches of law abiding citizens. There are sub categories of Mafias, such as, land mafia, nakal mafia and education mafia etc. There are education mafias amongst the government servants who are required to be weeded out expeditiously. 16. The importance of education has been recognized in person’s and society’s life from time immemorial. In India tradition, an illiterate person is considered to be equal to an animal because without education, he will not be able to rise above his physical self. Hence, the belief that a person who is initiated into education is twice born, first time physically and second time spiritually. Without education one cannot acquire knowledge. Knowledge has to be used for the welfare of the world. Education is the soul of Indian Civilization. The education is a means for awakening humans to realize their potential and making them empowered and capable for outstanding contribution to their lives. 17. Without education one cannot acquire knowledge. Knowledge has to be used for the welfare of the world. Education is the soul of Indian Civilization. The education is a means for awakening humans to realize their potential and making them empowered and capable for outstanding contribution to their lives. 17. In Indian mythology also, significance and importance of education for a human being has been described in following Sanskrit verses:- ^^fo|kfoghuna cgoksvfi iqr~jk% dYik;q"k% lUrq firq% fdesrS% {kf;".kquk okvfi dykork ok rL;% i~jeksn% 'kf'kuso fla/kks%AA1AA** Transliteration- Vidyavihina Bahavoapi Putra? Kalpayu?a? Santu Pitu? Kimetai?? K?ayi??una Vaapi Kalavata Va Tasya? Pramoda? Sasineva Sindho??? English Meaning- Of what use is having many sons who are fools without any knowledge, but with longer lifespan. On the other hand, if they are experts in various arts, but with less lifespan, they bring extreme joy to their father just like the Moon gives to the Ocean. ^^fo|k i~j'kL;rs yksdS% fo|k loZr~j xkSjokA fo|;k yHkrs loZa fo}ku loZr~j iwT;rsAA2AA Transliterations- Vidya Prasasyate Lokai? Vidya Sarvatra Gaurava? Vidyaya Labhate Sarva? Vidvana Sarvatra Pujyate ?? English Meaning- Knowledge is extolled by everyone, knowledge is considered great everywhere, one can attain everything with the help of knowledge person is person is respected everywhere. ^^u pkSjgk;Za u p jktgk;Za u p Hk~jkr`HkkT;a u p HkkjdkfjA O;;s d`rs o/kZr ,o fuR;a fo|k/kua loZ/kui~j/kkue~AA3AA** Transliterations- Na Cauraharya? Na Ca Rajaharya? Na Ca Bhratr?bhajya? Na Ca Bharakari? Vyaye Kr?te Vardhat Eva Nitya? Vidyadhana? Sarvadhana Pradhana??? English Meaning- It can neither be plundered by a thief, nor can be squeezed by the king, can be divided by brothers or not, and does not fall on consumption. The more the education is spent, the more its grows. 18. Swami Vivekananda said “Educate and raise the masses, and thus alone the nation is possible”. Education is considered to be an important means to achieve the four aims of human life, namely- Dharma (virtue), Artha (wealth), Karma (pleasure) and Moksh (spirituality). Knowledge is extolled by everyone, knowledge is considered great everywhere, one can attain everything with the help of knowledge and person with knowledge is respected everywhere. 19. Unfortunately commercialization of education started in big way with most accelerated speed in nineties. Commercialization of education has eroded the very value of education. As a result, there are education mafias and nakal mafias in the system. Schools and colleges have become profit making establishments. 19. Unfortunately commercialization of education started in big way with most accelerated speed in nineties. Commercialization of education has eroded the very value of education. As a result, there are education mafias and nakal mafias in the system. Schools and colleges have become profit making establishments. It is the responsibility of the State and the Society to clean the education system. 20. Considering the allegations leveled against the petitioner and also taking note of his status, reach and resources, the State Government has placed him under suspension. I do not find that the impugned orders suffer from any illegality or arbitrariness which require an interference of this Court in exercise of its jurisdiction under Article 226 of the Constitution of India. 21. In view thereof, the present petition is hereby dismissed. The State Government is directed to complete the disciplinary proceedings initiated against the petitioner expeditiously preferably within a period of four months from today and the Department of Home Affairs, Government of Uttar Pradesh is also directed to conclude the open vigilance enquiry initiated against the petitioner in a most expeditious manner preferably within a period of three months from today and take necessary action accordingly. 22. It is the duty of the State Government to find out illegal wealth accumulated by a government employee during his/her service period and take appropriate action against such an employee. 23. Let a copy of this order be transmitted to the Additional Chief Secretary/Principal Secretary, Department of Home Affairs, Government of Uttar Pradesh for necessary action.