Court No. - 2
Case :- WRIT - A No. - 11964 of 2019 Petitioner :- C/M, Gandhi Shatabdi Smarak Inter College, Meerut, And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Abhishek Mishra,Rahul Mishra
Hon'ble Suneet Kumar,J.
Heard learned counsel for the parties and perused the record.
On the consent of the parties, including, learned counsel appearing for the third respondent, the matter is being decided finally without calling for the counter affidavit.
The Committee of Management of Gandhi Shatabdi Smarak Inter College, Kaili, Meerut, is assailing the order dated 12 July 2019 passed by the second respondent, District Inspector of Schools, Meerut, purportedly, in exercise of its power under Sub-clause (7) of Section 16G of the Intermediate Education Act, 1921 (for short 'Act, 1921'). In the impugned order, it has been recorded that the charges levelled against the third respondent lacks merit, therefore, in the opinion of the second respondent the suspension of the petitioner was unwarranted, accordingly, disapproved.
I have perused the impugned order with the assistance of the learned counsel for the parties, the charges inter alia include: involvement of the third respondent in criminal case; absenting from the Institution to attend court proceeding but taking salary for the days of absence; habitual late comer to the Institution; interpolating the attendance register; leaving the Institution without approval and information to the Headmaster; not attending the Republic day function on 26 January etc.
On specific query, learned counsel for the third respondent is not able to dispute that the allegations levelled against the petitioner on being proved would entail dismissal. He, however, submits that the matter be remitted to the second respondent, District Inspector of Schools, Meerut to pass a fresh order strictly in terms of Sub-clause (7) of Section 16G of Act, 1921.
Learned Standing Counsel appearing for the State-respondents submits that fresh order shall be passed.
In view thereof, on consent, the writ petition is being finally disposed of by passing the following order:
(i) the impugned order dated 12 July 2019 passed by the second respondent, District Inspector of Schools, Meerut, is set aside the quashed;
(ii) the second respondent, District Inspector of Schools, Meerut, shall pass a fresh order upon hearing the parties, as well as, the third respondent expeditiously, preferably within six weeks from the date of filing of certified copy of this order along with the copy of the writ petition.
No cost.
Order Date :- 22.8.2019 S.Prakash