Court No. - 50
Case :- WRIT - A No. - 18867 of 2019 Petitioner :- C/M Bharti Adarsh Junior High School Narayanpuri And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kripa Shanker,Rama Shanker Counsel for Respondent :- C.S.C.,Bhola Nath Yadav
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the parties.
It has been stated by the counsel for respondent no. 3 that the Committee of Management of the Institution is the appropriate authority to take disciplinary action against the erring employees and, therefore, the prayer made in the writ petition is not maintainable. It was argued that in view of Section 16 of the Uttar Pradesh Recognized Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978 read with Uttar Pradesh Basic Education Staff Rules, 1973, the Committee of Management of the Institution is the appropriate authority to institute the disciplinary proceedings against the Assistant Teacher. The counsel for the petitioners could not bring to the notice of the Court any provision empowering the District Basic Education Officer to institute disciplinary proceedings against an Assistant Teacher employed in a Junior High School.
In view of the aforesaid, the prayer made in the writ petition cannot be granted and the writ petition is dismissed.
Order Date :- 29.11.2019 Satyam