COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner, Committee of Management, Public Intermediate College, Motihan, Allahabad has made this writ petition for a direction upon District Inspector of Schools, Allahabad to approve the suspension of respondent No. 4, in accordance with law, who is the Principal of the said College.

(2.) The respondent No. 4 is an Assistant Teacher in the institution. He was initially appointed on compassionate ground. He was placed under suspension by the Committee of Management on 23.9.2010 on the serious allegations of indiscipline and misconduct. The resolution of the Committee of Management placing him under suspension, was sent to the District Inspector of Schools on the same day. However, the District Inspector of Schools has failed to take any action in terms of Section 16(G)(7) of U.P. Intermediate Education Act, 1921 (for short Act 1921). In view of his failure to exercise his statutory power, the respondent No. 4 has joined the institution, as suspension order lapses after 60 days as envisaged by Section 16G(7).

(3.) I have heard Mr. Yogish Kumar Saxena, learned counsel for the petitioner and the learned Standing Counsel for the respondents.