COMMITTEE OF MANAGEMENT SRI V D MISRA HIGHER SECONDARY SCHOOL KANPUR NAGAR Vs. ADDITIONAL CITY MAGISTRATE 5 KANPUR NAGAR

JUDGEMENT

(1.) This petition under Section 482, Cr. P.C. has been filed by Committee of Management of Sri V.D. Misra Higher Secondary School, Kanpur Nagar, praying that the proceedings initiated by the Magistrate concerned through his order dated 17-1-1990 and also the attachment order concerning the disputed property, dated 17-1-1990 may be quashed. It has further been prayed that the action of the Magistrate in having directed the Supurdagi of the property to be handed over to the District Inspector of Schools and in turn the District Inspector of school's action in transferring the Supurdagi to the opposite party No. 2 Narendra Kumar Sengar be quashed.

(2.) Since counter-affidavit and rejoinder affidavit inasmuch as supplementary counter-affidavit and supplementary rejoinder affidavits have been exchanged and the parties' Counsel Sri J.N. Tiwari assisted by Sri Rakesh Tiwari for the Committee of Management applicant and Sri Raj Kumar Jain appearing for the opposite party No. 2 Narendra Kumar Sengar (hereinafter referred to as the principal, which word is used. only for convenience sake without attributing all legal rights attached to the said word to Narendra Kumar Sengar), this application under Section 482, Cr. P.C. is being finally disposed of today.

(3.) The short facts are that there is a Committee of Management in Sri V.D. Misra Higher Secondary School, Kanpur Nagar (hereinafter referred to as the institution). The principal was working as such vide his appointment by the Committee of Management and all duties of principal were being discharged. by the said principal. On 18-9-1989 there was an order of suspension by the Committee of Management and the principal did not work. On 17-11-1989 sixty days' period elapsed. This period of sixty days is mentioned in the U.P. Intermediate Education Act (hereinafter referred to as the Education Act), within which the District Inspector of Schools must have to accord permission to the suspension order passed by any Committee of Management. It is envisaged in the Education Act and the Regulations framed thereunder that if such approval is not accorded within the said period, the suspension order dies a natural death.