The present petition has been filed challenging the order dated 29.10.2020, whereby the Registrar has passed an order disapproving the suspension order dated 17.08.2019 and the dismissal order dated 26.10.2019 and has further directed the District Minority Welfare Officer, Kushinagar to provide the details of all the actions taken by the Madarsas in the district, where action has been taken against the teaching/non-teaching staff, which is not in accordance with law.
The counsel for the petitioner argues that an order of termination dated 26.10.2019 (Annexure-11) was passed by the Manager of the Madarsa in question. It appears that against the said termination, the petitioner moved a representation before the Chief Minister and the matter was transmitted before the Registrar, perhaps by the office of the Chief Minister and, on the said, the order impugned has been passed rejecting the suspension order as well as termination order.
Contention of the counsel for the petitioner is that the services of teaching/non-teaching staff in the Madarsa are governed under the provisions of U.P. Non Governmental Arabi and Persian Recognition, Administration and Services Regulation, 2016. In terms of the said, it is argued that no power vest with the Registrar either approving or disapproving of an order of termination, as has been done by means of the order impugned.
I have perused the Regulation, 2016, which is on record also, which in terms of provisions contained under Part-II provides for a Scheme of Administration. Besides the said Part-II, the said Regulation of 2016, under Regulation 16, provides as under:-
?16. Investigation and trial of disciplinary proceedings, suspension, punishment and any crime under moral incapability and misconduct against Principal, teaching and non-teaching staff will be according to the approved, by Board of Madarsas, scheme of service and administration.?
A perusal of the entire statute/regulation did not provide for conferring any power on the Registrar either disapproving or approving of any suspension or termination of any teaching/non-teaching staff.
In absence of any power upon Registrar, the order impugned is unsustainable and is accordingly set aside. The second part of the order, whereby general direction has been issued calling upon the record pertaining to the disciplinary action taken against the teaching/non-teaching staff of the Madarsas in the district in question are concerned, is also set aside.
The writ petition stands allowed in terms of the same order.
It is made clear that his order does not reflect upon the termination order in question and is confined only with regard to the power of the Registrar.
Order Date :- 26.8.2021 Pkb/