RAVINDRA PATHAK Vs. DISTRICT BASIC EDUCATION OFFICER GHAZIPUR

JUDGEMENT

(1.) S. N. Srivastava, J. By way of this writ petition, the petitioner has canvassed the validity of the order dated 27-5- 2002 (contained in Annexure 1 to the writ petition) passed by District Basic Education Officer, Ghazipur whereby he lent approval to the resolution of the Committee of Management dated 27-3-2002 and 10- 4-2002 passed by Committee of Management of Mahanth Bada Shiv Das Udaseen Adarsh Vidyaley Hasanpur, Saidpur District Ghazipur resolving to terminate the services of the petitioner as Head Master.

(2.) HEARD learned Counsel for the parties and perused the materials on record.

(3.) THE petitioner having been appointed in the year 1978 claims to have since been confirmed on the post of Headmaster. No doubt, allegations levelled against him were of serious nature but at the same time, due procedure and fair play required that the petitioner should have been proceeded against accordingly in terms of the provisions of Basic Shiksha Adhiniyam and U. P. Recognized Basic Junior High School (Recruitment and Condition of Service for Teachers) Rules, 1978 by serving him charge-sheet and by initiating disciplinary enquiry. Rule 15 of the aforesaid Rules deals with the conditions of service which says that no Headmaster or teacher of the recognized Schools may be discharged, removed or dismissed from service or reduced in rank or subjected to any reduction in rank or service of notice except with the approval of the B. S. A.