COMMITTEE OF MANAGEMENT ADARSH INTER COLLEGE Vs. DISTRICT INSPECTOR OF SCHOOLS AND HARI SHANKER SHUKLA ACTING PRINCIPAL UNDER

JUDGEMENT

(1.) Heard Sri Govind Saran Advocate on behalf of the petitioners, Sri G. K. Singh Advocate on behalf of respondent No. 2 and the Standing Counsel on behalf of respondent No. 1.

(2.) Adarsh Inter College, Saltawa, Gopalpur, district Basti is an institution recognized under the provisions of the U.P. Intermediate Education Act, 1921. The provisions of the said act as also those of the U.P. High School and Intermediate (Payment of Salary to Teachers and other employees) Act, 1971 as well as the Regulations framed thereunder are fully applicable to the teachers and employees of the said institution. Respondent No. 2, Hari Shankar Shukla, was working as Principal of the aforesaid Intermediate College.

(3.) The Committee of Management of the said College, on the basis of certain charges, passed a resolution dated 3rd July, 2001 where by Sri Hari Shankar Shukla was placed under suspension pending enquiry. A three member Committee was constituted for the purposes of conducting the enquiry in accordance with Regulations 35 and 36 of the Regulations as contained in Chapter III framed under Section 16-G of the Intermediate Education Act. In accordance with Section 16-G(7) of the Act the suspension of Head Master/Principal of a recognized institution is necessarily to be approved in writing by the District Inspector of Schools within a period of 60 days from the date of the order of suspension failing which the order of suspension becomes inoperative in the eye of law. The legal position in that regard has been settled by a Full Bench judgment of this Court reported in 1992 (2) UPLBEC 1325 The Full Bench has held that after expiry of 60 days the District Inspector of Schools does not become functus officio and he still has power to pass orders approving/disapproving the order of suspension. Reference in this regard may also be had to the case reported in 1994 A.W.R. 334 (para 9) wherein it has been held that during the interregnum period i.e. after expiry of 60 days if there is no order in writing of the District Inspector of Schools approving the suspension of teacher /Principal concerned he is entitled to work in the institution.