Court No. - 58
Case :- WRIT - A No. - 26956 of 2018 Petitioner :- C/M, Nehru Intermediate College, Kushinagar, And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C.,Anil Kumar Singh
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order passed by the District Inspector of Schools, Kushi Nagar in proceedings relating to grant of approval to the resolution of the committee of management for placing the contesting private respondent under suspension, under Section 16(G) (7) of the 'U.P. Intermediate Education Act,1921'. The order records that as a final decision has already been taken by the Committee of Management to impose punishment upon the private respondent and the matter is pending for grant of approval before the Board, as such, a direction has been issued to release salary to the contesting respondent, notwithstanding the pendency of matter before the Board. Aggrieved by this order, the Committee of Management is before this Court.
Learned counsel for the petitioner submits that this Court in Writ Petition No. 22448 of 2016 had interfered with the previous orders passed by the Inspector in the matter and a direction was issued on 16.5.2016 for the Inspector to pass fresh order. It is after nearly more than two years that the fresh order has been passed by the Inspector, which is under challenge.The order is also assailed on the ground that adequate opportunity of hearing has not been afforded to the petitioner Committee of Management.
Sri R.C. Dwivedi, learned counsel appearing for the private respondent points out that though the period of 60 days has expired since passing of the resolution of suspension but the salary payable to the private respondent has not been released, notwithstanding the fact that no approval to it was granted within 60 days. It is also pointed out that the matter relating to grant of prior approval under Section 21 of the Act is pending before the Board and 12.3.2019 is the next date fixed in the matter. It is also stated that on previous occasions, Committee of Management had not appeared. Sri Dwivedi has further produced notices issued by the Board on 26.5.2018, 11.7.2018, 4.9.2018 and 6.10.2018, in order to demonstrate that the repeated notices have been sent to the Committee of Management to appear in the approval matter under Section 21 of the Act of 1982 but despite repeated notices, they have failed to appear so far and that is why the matter has now been fixed for 12.3.2019.
In the facts and circumstances of the case, it would be appropriate to provide that the petitioner shall appear before the Board alongwith certified copy of this order within a period of two weeks from today and the Board is requested to prepone the date fixed in the matter, preferably, after 4 weeks so that the issue may finally resolved. Both the parties undertake to appear before the Board on the date so fixed. The Board shall take a final decision in the matter within a period of two months thereafter. No observations with regard to the merits of the order impugned is required to be made in such circumstances.
It is clarified that as suspension has not been approved the respondent would be entitled to salary and other benefits, which would remain subject to the final decision taken in terms of the order passed by the Board under Section 21 of the Act of 1982.
Order Date :- 19.12.2018 n.u.