DALJEET SINGH Vs. STATE OF U P

JUDGEMENT

(1.) AMITAVA Lala and S. P. Mehrotra, JJ. In this writ petition, the writ petitioner has challenged two orders dated 5. 11. 2004 and 17. 11. 2004 being Annexure Nos. 1 and 2 to the writ petition. Under annexure No. 2, financial power of the petitioner was withdrawn while acting as Officiating Principal of the Mahatma Gandhi Post Graduate College, Fatehpur. Such order was passed by the Joint Director of Education on behalf of the Director of Education (Higher Education), Directorate of Higher Education, Allahabad. Thereafter, the Vice Chancellor made necessary approval on 17. 11. 2004 (Annexure No. 1 to the writ petition) and approved the financial power to the next Senior most Lecturer i. e. Sri Rakesh Kumar Srivastava in place of the officiating princi pal, the petitioner hereinunder Statute 13. 20 of the U. P. State Universities Act, 1973 i. e. First Statutes of the University of Kanpur, 1977.

(2.) THE petitioner made allegation about the power of the Director of the Higher Education, U. P. Directorate of Education, Allahabad. According to the petitioner the Director of Higher Education has no authority to withdraw, cancel or rescind the power of the petitioner.

(3.) HOWEVER, we have also to check up whether the Director of Higher Education has any authority to pass such order. We find section 2 (e) of the Uttar Pradesh Higher Education Services Commission Act, 1980 which give definition of the Director as follows: - "director means the Director of Education (Higher Education) and includes Joint Director of Education or Deputy Director of Education authorised by him in this behalf. "