TARKESHWAR NATH SHARMA Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) CIVIL Misc. Writ Petition No. 604 of 1980 has been filed by Sri Tarkeshwar Nath Sharma who was the Principal of Dileshwari Inter College, Rudhauli, District Basti against the order of the Deputy Director of Education, VII Region, Gorakhpur dated 6 -12 -79 and of the District Inspector of Schools. Basti dated 14 -6 -79. In the writ petition the Committee of Management of the college has been arrayed as a Respondent while Civil Misc. Writ Petition No. 10365 of 1979 has been filed by the Committee of Management Dileshwari Inter College, Rudhauli, District Basti and in this writ petition the Respondents are the Deputy Director of Education VII Region, Gorakhpur as also the District Inspector of Schools, Basti and Sri Tarkeshwar Nath Sharma.

(2.) SRI Tarkeshwar Nath Sharma was working as Principal of Dileshwari Inter College, Rudhauli, District Basti. The Committee of Management being dissatisfied with the work of Sri Tarkeshwar Nath Sharma framed certain charges against him and he was placed under suspension. The Committee of Management started disciplinary proceedings against Sri Tarkeshwar Nath Sharma. A charge -sheet was framed against him and thereafter a supplementary charge sheet was also framed. As a result of the enquiry the Committee of Management vide its resolution dated 30 -4 -79 decided to terminate the services of Sri Tarkeshwar Nath Sharma with immediate effect, i.e., from 30 -4 -79. It also resolved to send the resolution for approval of the District Inspector of Schools, Basti.

(3.) THE District Inspector of Schools, Basti after notice to the parties considered the matter, and found that some charges were proved while others were not found to have been proved against Sri Tarkeshwar Nath Sharma. The District Inspector of Schools, Basti by his order dated 14 -6 -79 disapproved of the proposal of the Committee of Management to terminate the services of Sri Tarkeshwar Nath Sharma but instead imposed punishment of stoppage of one increment. Sri Tarkeshwar Nath Sharma was also directed to deposit certain amount belonging to the Institution, which was found lying with him. Both, Sri Tarkeshwar Nath Sharma and the Committer of Management were aggrieved by the order of the District Inspector of Schools, Basti and filed appeals before the Deputy Director of Education, VII Region, Gorakhpur. The appeals were filed under the provisions of Section 16 -G(3)(c) of the U.P. Intermediate Education Act. Notices of the appeals were given to both the parties and after hearing the parties the Deputy Director of Education by his order dated 6 -12 -79 enhanced the punishment imposed upon Sri Tarkeshwar Nath Sharma and while not approving the termination of Sri Tarkeshwar Nath Sharma's services passed an order reducing him in rank to the post of a lecturer in the college. Sri Tarkeshwar Nath Sharma is aggrieved by the order of the District Inspector of Schools, Basti and of the Deputy Director of Education, VII Region, Gorakhpur imposing punishments while the Committee of Management is aggrieved by the quantum of punishment imposed on Sri Tarkeshwar Nath Sharma. It wants that the resolution terminating the services of Sri Tarkeshwar Nath Sharma should be directed to be approved.