PRAMOD KUMAR PASWAN Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Adya Prasad Tewari, learned counsel for the petitioner, Sri Ashok Kumar Tiwari, learned counsel for the respondent Nos. 2 and 3 and learned Standing Counsel for the State-respondents.

(2.) Petitioner who was duly appointed and working in institution as Class IV employee was subjected to disciplinary proceedings with the issuance of the chargesheet dtd. 26/12/2012 leveling as many as six charges to which petitioner did submitted reply on 10/7/2013. The enquiry report was submitted by the Enquiry Committee on 29/6/2013 and, thereafter, it appears that Committee of Management proceeded to adopt resolution considering the enquiry report and possible action on that basis. In its resolution adopted by the Committee of Management on 28/7/2013, it accepted the enquiry report and on the basis of findings returned by the Enquiry Committee, proceeded to resolve to dispense with his services by way of punishment and so the consequential order came to be issued by the Manager of the Institution on 21/7/2013. Papers were forwarded to the District Inspector of Schools who disapproved the action of Committee of Management on the ground that the powers to dispense with the services of the petitioner as prescribed under Regulation 31 of chapter III of Intermediate Education Act lay with the Principal of the institution, petitioner being a Class IV employee and only appeal could be preferred before the Committee of Management and therefore, Committee of Management acceded in its authority in passing the order of termination of service of the petitioner.

(3.) The Committee of Management challenged the order before this Court vide Writ A No.54458 of 2013 which though was entertained but it was directed that the petitioner shall be paid salary, however left it to the discretion of the Management to take work from the present petitioner who was respondent no.4 in that petition. This petition subsequently came to be dismissed for want of prosecution and so the challenge to the order of District Inspector of Schools dtd. 24/9/2013 came to an end.