RISHIKESH LAL SRIVASTAVA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri O.P. Pandey, learned counsel for the petitioner and learned Standing Counsel. By this writ petition, the petitioner has prayed for quashing the order dated 28th July, 1998 passed by District Inspector of Schools by which order the District Inspector of Schools has upheld the termination of services of the petitioner and rejected the representation of the petitioner.

(2.) The petitioner was appointed as Class-IV employee in Intermediate College Vedupar (Tarya Sujan), District Kushinagar. The Principal of the institution, who is the appointing authority of Class-IV employees, passed an order dismissing the petitioner on 5th July, 1994. The petitioner has earlier filed a writ petition being Writ Petition No.473 of 1996 praying for a direction to pay salary, in which direction was issued to decide the representation of the petitioner. This Court noted in the order dated 20th January, 1997 while disposing of the writ petition, that no final order has been passed in the proceedings as contended by the petitioner. The District Inspector of Schools thereafter issued letter dated 21st April, 1998 directing payment of salary to the petitioner. A writ petition being Writ Petition No.18341 of 1998 was filed by the Committee of Management challenging the above letter of the District Inspector of Schools. The writ petition was disposed of directing the District Inspector of Schools to pass a reasoned order specifically considering; (i) whether the services of respondent No.2 were legally terminated; (ii) whether approval was required for termination; and (iii) whether approval was granted. In pursuance of the order of this Court dated 26th May, 1998, the District Inspector of Schools has passed order dated 28th July, 1998 by which order removal of the petitioner was upheld, the representation of the management was accepted and the earlier letter of the District Inspector of Schools dated 21st April, 1998 was set-aside. The order passed by District Inspector of Schools dated 28th July, 1998 has been challenged in this writ petition.

(3.) Learned counsel for the petitioner in support of his submission, contended that one of the questions, which has arisen in the writ petition is that as to whether before dismissal of a Class-IV employee prior approval is required by the District Inspector of Schools. He submits that according to Regulation 31, Chapter-III of U.P. Intermediate Education Act, 1921 such approval is required and the petitioner's dismissal was made without obtaining prior approval, hence the entire proceeding is void and the petitioner is entitled for continuance in service and all the benefits. Learned counsel for the petitioner in support of his submissions has placed reliance on a judgment of this Court reported in (1998)2 UPLBEC 1101; Daya Shankar Tewari vs. Principal R.D.B.M.Uchchatar Madhyamik Vidyalaya, Neogaon, Mirzapur and others. Another judgment relied by the petitioner is reported in (1991)1 UPLBEC 467; Shanker Saran Vs. Vesli Inter College, Azamgarh and others. One Division Bench judgment has also been relied by counsel for the petitioner, which is reported in (2000)1 UPLBEC 707; Principal, Rashtriya Inter College, Bali Nichlaul, District Maharajganj and another vs. District Inspector of Schools, Maharajganj and others. The above Division Bench judgment approved the earlier Single Judge judgment in Daya Shankar Tiwari's case (supra), which held that prior approval is necessary before dismissing a Class-IV employee. In 2000(3) E.S.C. 1880; Sita Ram vs. D.I.O.S. & others, another learned Judge took the same view following Daya Shankar Tiwari's case (supra). Learned Standing Counsel replying the submissions of counsel for the petitioner, contended that prior approval is not required and there are another set of judgments taking the view that prior approval is not required. He also referred to provisions of Regulations 31 & 37 of Chapter-III of U.P. Intermediate Education Act, 1921 in support of his submission.