CHHATADHARI SINGH Vs. DEPUTY DIRECTOR OF EDUCATION VARANASI

JUDGEMENT

(1.) The petitioner was subjected to disciplinary inquiry on account of certain charges. After the inquiry is over, the Managing Committee by its resolution dated 22.7.1978 has resolved to dismiss the petitioner from service on account of his being found guilty of the charges in the domestic inquiry. The said resolution was sent to the District Inspector of Schools for according approval. By an order dated 19.10.1978, the District Inspector of Schools instead of according approval reduced the punishment as contended in the said order. Two appeals were filed against the said order dated 19.10.1978. One by the delinquent petitioner in Writ Petition No. 11964 of 1981 and the other by the Committee of Management being the petitioner in Writ Petition No. 10156 of 1981. The said two appeals were decided by the Deputy Director of Education on 24.6.1981. The Deputy Director of Education had also confirmed the finding of guilt but took a lenient view on humanitarian ground considering past service of the petitioner and had concurred with the reduction of the punishment by the District inspector of Schools. The said two orders have been challenged both by the delinquent employee and the Committee of Management in two separate writ petitions being Writ Petition Nos. 11964 of 1981 and 10156 of 1981 respectively.

(2.) The learned counsel for the parties had addressed the Court on Writ Petition No. 11964 of 1981 when it was listed without other writ petition and contended that it is necessary to decide the matter along with the other writ petition as well.

(3.) In fact both the counsels concluded their argument on the case but for the purposes of listing, the matter along with the other writ petition it was directed to be listed today along with the Writ Petition No. 10156 of 1981 and accordingly, this matter is before this Court.