ASGHAR HUSAIN Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) THIS Writ petition is directed against the order dated 8 -12 -1976 of the Deputy Director of Education (R), V Region, Varanasi dismissing the appeal of the Petitioner against the order dated 15 -10 -1968 of the Committee of Management of Raza D.M. Inter College, Jaunpur (hereinafter referred to as the College) removing him from the post of clerk.

(2.) THE Petitioner was appointed as cleric in the College on 1 -9 -1961 and was confirmed on that post on 30 -8 -1962. He was placed under suspension on 14 -3 -1968 in contemplation of disciplinary proceedings. He was served with a charge sheet on 29 -6 -1968 and was removed from service by the Committee of Management on 15 -10 -1968 with the finding that all the charges levelled against him were proved. The Petitioner filed appeal to the Deputy Director of Education (R) V Region, Varanasi which was dismissed on 8 -12 -1976. Feeling aggrieved, the Petitioner has come up to this Court under Article 226 of the Constitution.

(3.) THE learned Counsel for the Petitioner contended that the Committee of Management was not legally justified in removing the Petitioner from service without obtaining prior approval of the District Inspector of Schools. On the other hand, the learned Standing Counsel urged that no prior approval of District Inspector of Schools was required for the removal of a clerk from the Intermediate College. Having considered the arguments of the learned Counsel for parties we are of the opinion that the writ petition deserves to be dismissed.