PRINCIPAL BUNDELKHAND Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner, who is the Principal of Bundelkhand Inter College, Veer Nagar, Madhogarh, District- Jalaun, before this Court seeks quashing of the order of the District Inspector of Schools, Jalaun at Orai dated 03.11.2011, whereby, in exercise of power under Regulation 31 under Chapter 3 of the Regulations framed under the Intermediate Education Act, he has allowed the representation made by the employees concerned against the order of dismissal of service affected by the Principal of the Institution.

(2.) The order is being challenged on the grounds that the District Inspector of Schools has recorded for three (3) reasons for allowing the representation; (a) the Principal of the Institution did not lead any evidence before the District Inspector of Schools in support of the charge. (b) The charges as alleged are not as detailed in Regulation 32(1) of Chapter III and lastly (c) that prior approval had not been obtained from the District Inspector of Schools before proceeding to dismiss the class-IV employees from the institution.

(3.) Learned counsel for the petitioner submits that all the reasons mentioned in the impugned order are illegal. Enquiry proceedings had taken place in accordance with the Intermediate Education Act and the regulations framed thereunder. Principal is not required to lead any evidence at the appellate stage. Charges of indiscipline and misbehaviour were found proved against the employees concerned, which is a misconduct as defined covered by Regulation 32(1). Lastly, in view of the Full Bench judgment of this Court in the case of Rishikesh Lal Srivastava vs. State of U.P. & others,2009 4 UPLBEC 2933, no prior approval of D.I.O.S. in the matter of punishment to be inflicted upon Class-4 employees of the recognized Intermediate institution is required.