Court No. - 34
Case :- WRIT - A No. - 14106 of 1989 Petitioner :- Om Narain Sharma Respondent :- B.S.A. And Others Counsel for Petitioner :- Udai Karan Saxena,M.M. Srivastava,Manoj Srivastava,Pradeep Chandra,Pratik Chandra,R.C. Srivastava Counsel for Respondent :- S.C.,K K Chand,K.S. Shukla
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Udai Karan Saxena, learned counsel for petitioner, learned Standing Counsel for State and Sri K. K. Chand, learned counsel for respondent-Basic Shiksha Adhikari.
2. Contention of learned counsel for petitioner is that by impugned order dated 07.07.1989, he has been terminated by District Basic Education Officer without any opportunity or show cause notice.
3. Case set up by petitioner is that he was appointed as Head Master in Shastri Junior High School, Bammhan Vinaura by order dated 08.07.1976 by Management of said Institution. Subsequently, aforesaid Institution was taken by U. P. Basic Education Board (hereinafter referred to as 'Board'). In this regard, reliance is placed on District Basic Education Officer's letter dated 27.08.1984 (Annexure-6) and letter dated 17.12.1985 (Annexure-9) issued by U. P. Basic Education Board. Thereafter, District Basic Education Officer passed impugned order dated 07.07.1989 terminating petitioner.
4. Sri K. K. Chand, learned counsel for respondent submitted that said Institution was never taken over by Board and letter dated 17.12.1985 shows that proposal for taking over Institution was disapproved by Board.
5. Thus, Institution in question was never taken by Board and it was being run by private Management. As such, District Basic Education Officer had no authority or power to terminate petitioner at all, since, Institution was a privately managed school and Appointing Authority being Management of Institution, as such, only Management could have terminated petitioner.
6. In view thereof, writ petition is allowed accordingly. Impugned order dated 07.07.1989 is hereby set aside.
Order Date :- 26.4.2019 Manish Himwan