JUDGMENT D.P. Mohapatra, C.J. and R.R.K. Trivedi, J.
1. Heard Sri K.P. Shukla for the appellant, Sri Ashok Khare for the respondents 1 & 2 and Sri Sabhajeet Yadav, standing Counsel for the respondents 3 & 4.
2. Being aggrieved by the order dated 21.8.1998 of Civil Misc. Writ Petition No. 14984 of .1997 in which the learned Single Judge disposed of the writ petition with certain observation and direction, the respondent No. 4 of the writ petition has filed this-appeal assailing the said order.
3. The relevant portion of the impugned order reads;
"In the circumstances the petition is disposed of with a direction to the D.I.O.S. to send the papers forwith to the U.P. Secondary Education Services Selection Board and the Board shall pass final order on the said proposal within two months from the receipt of the papers from the D.I.O.S. in accordance with law.
Till the decision of the Board the impugned order shall remain stayed.
Petition is finally disposed of."
4. The thrust of the submissions of Sri Shukla is that the order of suspension which was passed on 25.6.1997 wad disapproved by the order of the D.I.O.S. dated 7.4.1998 which was under challenge in the writ petition giving rise to the present appeal. It is the further submission of Sri Shukla that on expiry of the 60 days from the date of the order, the suspension order in any case could not survive without an order of approval. In the circumstances, submits Sri Shukla that the order of the learned Single Judge that till the decision of the Board, the impugned order (order of disapproval of suspension) shall remain stayed is illegal and is contrary to the provision of sub-section (7) of Section 16-G of U.P. Intermediate Education Act, 1921. Sri Shukla has also drawn our attention to the order dated 30.4.1998 passed in the same writ petition in which a learned Single Judge of this Court passed similar order of stay as in the order impugned dated 21.8.1998, which was set aside by a Division Bench in Special Appeal No. 380 of 1998 vide order dated 25.8.1998. According to Sri Shukla, ignoring the said development in the case, the learned Single Judge has reiterated the order of stay in the subsequent order passed on 21.8.1998. He has placed reliance on a recent decision of the Supreme Court in the case of State of West Bengal and Ors. v. Shiva Nand Pathak and Ors., AIR 1998 SC 2050.
5. Sri Khare, learned Counsel for the writ petitioner respondents 1 & 2, submits that despite repeated directions of this Court in the order passed on 30.4.1998 and again in the impugned order dated 21.8.1998, the D.I.O.S., Meerut has not yet forwarded relevant papers to the U.P. Secondary Education Services Selection Board for consideration of the order to be passed in the disciplinary proceeding initiated against the appellant.
6. On perusal of the record and on consideration of the submissions made by the learned Counsel for the parties and bearing in mind the principles laid down by the Apex Court in the Case of State of West Bengal and Ors. v. Shiva Nand Pathak and Ors., AIR 1998 SC 2050, we allow the appeal and set aside the portion of the impugned order to the effect, "Till the decision of the Board the impugned order shall remain stayed." We further direct that if the D.I.O.S. respondent No. 3 has not yet forwarded the papers as directly this Court in the aforementioned order for any reason, he will send the papers to the Selection Board positively by 19th September, 1998.
7. With the above observation, the special appeal is allowed.
8. It needs no reiteration that the Board will dispose of the matter within two months from the date of receipt of the papers as directed in the impugned order.