VIVEKANAND INTER COLLEGE Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition the Committee of Management of Vivekanand Inter College, Atwaback, District Unnao has challenged an order passed by the Joint Director, Education, VIth Region, Lucknow, allegedly on an appeal filed by the opposite party no.4 in compliance to a direction of this court dated 8.10.2015 in Writ Petition No.5915(SS) of 2015 filed by the opposite party no.4 whereby he has disapproved the decision of the Committee of Management as affirmed by the District Inspector of School (D.I.O.S.) reverting the opposite party no.4 from the post of ad hoc Principal of the institution and handing over the charge to a junior person.

(2.) To encapsulate the facts of the case, a vacancy occurred on the post of Principal in the petitioner-institution on14th June 2014. In respect of the said vacancy the petitioner had sent a requisition for filling up the same under the U.P. Secondary Services Selection Board Act 1982 (hereinafter referred as 'Act of 1982) as was categorically stated by learned counsel for the petitioner during the course of arguments. The petitioner handed over the charge of the post of Principal to the opposite party no.4 on 1.7.2014 in pursuance to his appointment as ad hoc Principal under Section 18 of the Act of 1982, a fact which is not in dispute.

(3.) It is said that on 6.6.2015 a complaint was received against the opposite party no.4. He was placed under suspension on 12.6.2015. A chargesheet was issued to him on 25.6.2015. On 1.7.2015 the D.I.O.S. disapproved suspension of the opposite party no.4. The petitioner herein filed writ petition no.4121(MS) of 2015 assailing disapproval of suspension by the D.I.O.S. In the said writ petition an order was passed on 20.7.2015 allowing the opposite party no.4 to perform his work and duties during pendency of inquiry against him, which could be taken to its logical conclusion expeditiously. The opposite party no.4 continued to work as ad hoc Principal.