Court No. - 3
Case :- WRIT - A No. - 17177 of 2019 Petitioner :- C/M Shri Mohanlal Adarsh Purva Madhyamik Vidyalaya Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Awadh Behari Singh,Manish Singh Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent nos.1 and 2.
The petitioner is a committee of management of Shri Mohanlal Adarsh Purva Madhyamik Vidyalaya, Slempur, Block Sahpau (Hathras), District Hathras.
According to the petitioner, provisions of The U.P. Recognised Basic Schools (Junior High Schools) (Recruitment And Conditions Of Service Of Teachers) Rules, 1978 are also applicable to the institution of the petitioner. On account of certain irregularities and illegalities committed by respondent no.3, who was working as Headmaster in the institution, disciplinary proceedings were initiated against him. On enquiry, charges levelled against the respondent no.3 have been found correct. The Committee of Management proposed the punishment of dismissal from service against respondent no.3. The proposal for punishment of dismissal from service has been sent to respondent no.2 for prior approval on 19.08.2019 which has been received in the office of respondent no.2.
The grievance of the petitioner is that respondent no.2 has not taken any action on the letter of committee of management dated 19.08.2019 seeking approval for dismissing the respondent no.3 from the service. On the other hand, respondent no.3 is pressurizing the petitioner to allow him to continue in the institution.
Learned Standing Counsel submits that no useful purpose would be served in keeping the writ petition pending and appropriate direction be issued to respondent no.2 to consider the letter of committee of management for approval for dismissing the respondent no.3 from the service.
Considering the facts and circumstances of the case, without going into the merits of the case and with the consent of the parties, the writ petition is disposed of with a direction to respondent no.2-District Basic Education Officer, Hathras to consider and take decision in accordance with law on the letter dated 19.08.2019 of committee of management within a period of two months from the date of production of certified copy of this order.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 29.11.2019 Sattyarth