COMMITTEE OF MANAGEMENT OF KISAN LAGHU MADHYAMIK VIDYALAYA, MATHAULI BAZAR, DEORIA THROUGH ITS MANAGER Vs. BASIC SHIKSHA ADHIKARI, DEORIA AND OTHERS

JUDGEMENT

(1.) KISHAN Laghu Madhyamik Vidyalaya, Mathauli Bazar, District Deoria is a recognised Junior High School. The Committee of Management of the said Institution has filed this writ petition for quashing the order dated 1.5.1986 passed by the Basic Shiksha Adhikari, District Deoria (now district Kushinagar) and dated 5.8.1987 passed by Basic Shiksha Parishad, U.P. Allahabad. Facts in short giving rise to the present writ peti­tion are as follows:

(2.) RESPONDENT No. 3 was working as Headmaster in the said Institution. The Committee on allegations of financial and other irregularities, against the said Headmaster, suspended the said respondent No. 3 under a resolution dated 7.4.1986. A charge-sheet was served upon the respondent No. 3 on 1.5.1986. According to the Committee of Management, despite time being granted to sub­mit reply to the charge-sheet, the respondent No. 3 did not respond. An enquiry committee was constituted for the purpose of submitting its report. The Enquiry Committee held the respondent No. 3 guilty of the charges levelled. On receipt of the Enquiry Report, the Management of the Institution issued a letter to the respondent intimating that he may attend the meeting of the Managing Committee scheduled to take place on 22.6.1980 and reply to charges. A copy of the Enquiry Report was also forwarded to him with an opportunity to have his say.

(3.) TAKING into consideration, the Enquiry Report and the serious charges levelled against him found proved, the Committee of Management resolved to propose the punishment of dismissal from service. The resolution dated 22.6.1986 was forwarded to the B.S.A. in accordance with the provision of Rule 15 of the U.P. Recognized Basic School (Junior High School) Recruitment and Conditions of Service Rules, 1978.