LAWS(ALL)-2009-10-52

RISHIKESH LAL SRIVASTAVA Vs. STATE OF U.P.

Decided On October 15, 2009
RISHIKESH LAL SRIVASTAVA Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) THE learned Single Judge while hearing this petition on 21.3.2007 and finding conflicting views between the two Division Bench judgments of this Court in the case of 2000(1) UPLBEC 707 and 2006(3) ESC 1765 (All), referred, under Rule 6 Chapter VIII of the Allahabad High Court Rules, the following questions for determination by a larger Bench:

(2.) IN the light thereof, the case was posted for consideration before a Division Bench on 12.08.2009 which, finding conflict between the judgments rendered by the two Division Benches as referred in the order of the learned Single Judge, directed the matter to be heard by a larger Bench and accordingly the matter has come up before us for consideration.

(3.) CHANDRA Bali, a class IV employee of Seth Ganga Ram Jaiswal Inter College, Baraut, Allahabad, aggrieved by the order of termination passed by the Principal of the College, represented before the District Inspector of Schools, Allahabad who disapproved his dismissal by order dated 12th of May 2003 inter alia observing that before terminating his service, prior approval under Regulation 31 of Chapter III framed under the U.P. Intermediate Education Act, 1921 was not obtained. The Principal of the College aggrieved by the same has preferred Civil Misc. Writ Petition No. 21965 of 2003 (The Principal, Seth Ganga Ram Jaisawal Inter College, Baraut, Allahabad vs. The District Inspector of Schools, Allahabad and others).