RAJENDRA SINGH S/O DAULAT SINGH Vs. INTER COLLEGE CHURIYALA HARIDWAR; STATE OF UTTARAKHAND; DIRECTOR SCHOOL EDUCATION; ADDITIONAL DIRECTOR; DISTRICT EDUCATION OFFICER; SUB DIVISIONAL MAGISTRATE; DEVI CHAND TYAGI LECTURER PHYSICS (TERMINATED)

JUDGEMENT

(1.) By means of this writ petition, the petitioner has sought writ in the nature of certiorari quashing orders dated 11.11.2009 and 12.11.2009, passed by respondent No. 5-Sub Divisional Magistrate, Roorkee, directing the 2 petitioner to permit the respondent No. 6 to attend his duties as Lecturer in Physics in the Institute, headed by the petitioner.

(2.) Heard learned counsel for the parties.

(3.) Brief facts of the case are that respondent No. 6-Dr. Devi Chand Tyagi, who is a Lecturer in Physics with CMD Inter College, Churiyala, District Haridwar, was placed under suspension and due approval was sought from the District Education Officer. The present petitioner is officiating Principal of the institution. It appears that certain charges were leveled against respondent No. 6 and on conclusion of enquiry, he was recommended to be removed from service by the Committee of Management. Learned counsel for the petitioner argued that since respondent No. 6 has been removed from service, he cannot be permitted to work in the Institute, as directed by Sub-Divisional Magistrate, vide impugned orders dated 11.11.2009 and 12.11.2009.