Court No. - 58
Case :- WRIT - A No. - 7105 of 2018 Petitioner :- Committee Of Management, Saraswati Vidya Mandir Junior High School And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Man Mohan Singh,Man Mohan Singh,Sarvesh Singh Counsel for Respondent :- C.S.C.,Hritudhwaj Pratap Sahi,Mangla Prasad Rai,Sankalp Narain,Siddharth Singh
Hon'ble Ashwani Kumar Mishra,J.
Committee of Management of Saraswati Vidya Mandir Junior High School, Dala, Sonbhadra, through its Manager has filed the present writ petition for a direction upon the respondent no.2 to take a decision on the recommendation dated 11.8.2014 of the petitioner Committee against respondent no.3 in terms of Rule 21 of the Rules of 1984. It is stated that initially the Committee of Management had proceeded to place respondent no.3 under suspension, which was challenged before this Court by respondent no.3 by filing Writ Petition No.20262 of 2014, wherein a direction was issued to conclude the enquiry. It further appears that respondent no.3 again approached this Court by filing Writ Petition No.36202 of 2017, in which an interim mandamus has been issued to ensure joining of respondent no.3 and for payment of his subsistence allowance. Petitioner contends that the order of this Court has already been complied with and respondent no.3 has been reinstated. It is contended that contempt proceedings initiated subsequently have also been discharged.
Learned counsel for the petitioner states that the disciplinary proceedings initiated against respondent no.3 has concluded, and a resolution has been passed to terminate the services of respondent no.3. Papers have been forwarded to the District Basic Education Officer on 11.8.2014 for grant of approval in terms of Rule 21, which is stated to be pending. A reminder has also been sent on 18.10.2014. Since no decision has been taken, as such the petitioner Committee has approached this Court.
Rule 21 of the Rules of 1984 clearly provides that no order of termination or reversion shall be passed without obtaining prior approval of the District Basic Education Officer. Contention is that upon the letter of petitioner seeking approval in terms of Rule 21, no decision has so far been taken.
Considering the nature of the order proposed to be passed, notices need not be issued to respondent no.3, and the writ petition is being disposed of, at this stage itself.
In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to approach respondent no.2 in respect of his grievance, noticed above, alongwith certified copy of this order. Petitioner shall annex all materials in support of the decision taken by it against respondent no.3 in the matter. Respondent no.2 thereafter shall proceed to take a decision in terms of Rule 21, within a period of four months from the date of presentation of certified copy of this order, after affording an opportunity of hearing to respondent no.3.
Order Date :- 24.4.2018 Anil