Court No. - 55
Case :- SPECIAL APPEAL DEFECTIVE No. - 734 of 2019 Appellant :- Committee Of Management, Maharani Abanti Bai Junior High School And Another Respondent :- State Of U.P. And 2 Others Counsel for Appellant :- Bheem Singh Counsel for Respondent :- C.S.C.,Amit Shukla,Vishal Tandon
Hon'ble Vikram Nath,J. Hon'ble Pankaj Bhatia,J.
Order on Civil Misc. Delay Condonation Application No.1 of 2019.
There is a delay of 44 days in filing the appeal. This application has been filed to condone the delay.
Cause shown for the delay has been satisfactorily explained. There is no objection from the side of the respondents.
Delay condonation application is allowed and the delay is condoned. Office is directed to allot regular number in the appeal.
Order on Appeal
Heard Sri Bheem Singh, learned counsel for the appellants, Sri Rajeev Singh, learned standing counsel for the State-respondents, Sri Amit Shukla, learned counsel representing for respondent no.2 and Sri Vishal Tandon, learned counsel representing respondent no.3.
The learned Single Judge after considering the respective arguments and the matter on record disposed off the petition filed by the Committee of Management of the Institution in question, the present appellants leaving it open to proceed in accordance with law with respect to any disciplinary proceedings and awarding of punishment to the respondent no.3. The learned Single Judge found that neither different charges have been framed nor disciplinary enquiry was conducted as required under law as such declined to interfere with the order of the District Basic Education Officer, Pilibhit who had set aside the order of punishment imposed by the Committee of Management.
Learned counsel for the appellants before us has not been able to show or establish that the procedure prescribed under law was followed for imposing punishment.
In view of the above, we do not find any infirmity in the order passed by the learned Single Judge. The appellant may proceed in accordance with law as per the observation given by the learned Single Judge.
The appeal is accordingly dismissed with the aforesaid observation.
Order Date :- 26.8.2019 Hasnain ( Pankaj Bhatia,J.) ( Vikram Nath,J.)