RAJA RAM Vs. DISTRICT INSPECTOR OF SCHOOLS FATEHPUR

JUDGEMENT

(1.) -Present petition having been instituted in the year 1987 for the relief of quashing the impugned orders dated 23.12.1986, 11.6.1986 and 23.3.1986 passed by respondent Nos. 1, 2 and 3 respectively has come out of hibernation for hearing and disposal.

(2.) I have heard the learned counsel for the parties. By means of the order dated 23.3.1986 the services of the petitioner who was a Class IV employee came to be terminated. The order terminating the services of the petitioner was communicated to the petitioner on 29.3.1986. The assertion of the petitioner is that against the order of termination, the petitioner processed the matter for appeal and he went to the opposite party No. 2 in person with the request to accept memo of appeal but the same was declined and consequently, the petitioner sent the appeal by registered post to opposite party No. 2 on 26.4.1986 which it is stated was received at the end of opposite party No. 2 on 1.5.1986. The aforesaid appeal met the fate of dismissal vide order dated 11.6.1986 on the assumption that the same was filed beyond the period prescribed and, therefore, it was time-barred. The dismissal led the petitioner to file a statutory representation before the District Inspector of Schools who is envisaged as final authority in the regulations which too met the fate of dismissal vide order dated 23.12.1986. It is in this backdrop that the present petition was filed.

(3.) AS a result of foregoing discussion, the petition is allowed and the impugned orders dated 23.12.1986 and 11.6.1986 passed by respondent Nos. 1 and 2 respectively are quashed. In consequence, the respondent No. 1 is directed to decide the representation as the case may be on merits within a period of four months from the date of presentation of a certified copy of this order.