COMMITTEE OF MANAGEMENT JAN SAHYOGI INTERMEDIATE COLLEGE THROUGH MANAGER Vs. DISTRICT INSPECTOR OF SCHOOLS AND ANR.

JUDGEMENT

(1.) The Committee of Management of Jan Sahyogi Intermediate College, Modhi, Bharthana, district Etawah, has filed the present writ petition challenging the order dated 31 -12 -1984 of the District Inspector of Schools contained in Annexure 13 by which the Petitioner, Committee of Management (was) informed that as the disciplinary proceedings against Respondent No. 2 were not decided with in sixty days of his suspension, the suspension order would not remain in force, as provided by Sub -section (7) of Sec. 16G of the U.P. Intermediate Education Act, 1921.

(2.) The facts necessary for appreciating the points lie in a narrow campus. Kailash Nath Gupta, Respondent No. 2, was a teacher in the Jan Sahyogi Intermediate College, Modhi, Bharthana District Etawah when he was suspended by a resolution passed by the Committee of Management of the College concerned on 26th October, 1984. Respondent No. 2, Kailash Nath Gupta, was served with the suspension order on 30th October, 1984. It was followed by the disciplinary proceedings in respect of the charges of embezzlement etc. against Respondent No. 2. For the purpose of enquiry, the Committee of Management appointed U. P. Prabandhak for holding of enquiry. The enquiry was not terminated within 60 days of the passing of the suspension order. Consequently the District Inspector of Schools passed the impugned order intimating the Committee of Management that the order of suspension had lapsed and no approval in respect of the suspension could be accorded.

(3.) Challenging the aforesaid order, the counsel for the Petitioner urged that as the College was closed in the last week of December, 1984, the District Inspector of Schools committed an error in holding that 60 days having expired from the date of suspension; it would not remain in force after 31st December, 1984. Sub -section (7) of Sec. 16G reads as under: