SHESH BAHADUR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This writ petition has been filed for issuance of writ in the nature of mandamus directing the respondents not to interfere with the peaceful working of the petitioner in Janta Uchchatar Madhyamik Vidyalaya, Athilapura Rasra, Ballia, on the post of Head Master.

(2.) THE brief facts of the case are that Janta Vidyalaya, Athilapura, Ballia, was a recognized institution. It was upgraded in 2001and is known as Janta Uchchatar Madhyamik Vidyalaya, Athilapura Rasra, Ballia. It is recognized school and the provisions of U. P. Intermediate Act, 1921 are applicable to the institution.

(3.) IT appears from the record of connected Civil Misc. Writ No. 23957 of 1997 that the respondent No. 3-Sri Kapoor Chand Sharma was suspended vide order dated 16.7.1990. Consequently, he was served with a charge-sheet on 25.7.1990 and an additional charge-sheet dated 1.12.1990 in respect of certain charges. Sri Kapoor Chandra Sharma filed Writ Petition No. 30633 of 1990 before this Court challenging the order of suspension which was stayed by the Court on 23.8.1990. The Basic Siksha Adhikari Ballia also did not accord approval to the order of suspension dated 16.7.1990 of Sri Kapoor Chand Sharma by the Committee of Management. The writ petition was thereafter dismissed vide order dated 25.11.1992. The Committee of Management thereafter resolved to dismiss respondent No. 3 from service and accordingly dismissed him. The order of dismissal was also disapproved by the Basic Siksha Adhikari, Ballia vide order dated 17.9.1993. Aggrieved, the Committee of Management filed Writ Petition No. 36898 of 1993 challenging the validity and correctness of order dated 17.9.1993. The Court by interim order dated 1.10.1993 stayed the operation of the order dated 17.9.1993. The writ petition, however, was ultimately dismissed vide judgment dated 19.9.1994 on ground of alternate remedy available to the petitioner under Rule 12 of U. P. Recognized Basic Schools (Recruitment and Condition of Service of Teachers) Rules, 1975 to the Board. Aggrieved the Committee of Management filed special appeal against judgment dated 19.9.1994 which was also dismissed.