CHANDRA PAL YADAV Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard Sri B.K. Singh, learned Counsel for the petitioner, learned Standing Counsel for the opposite party No. 1, Sri D.R. Misra, learned Counsel for the opposite parties No. 2 and 3 and Sri Sudhanshu Chauhan, learned Counsel for the opposite party No. 5.

(2.) The instant writ petition has been preferred by the petitioner, who is working as Assistant Teacher in Shri Jawahar Lal Nehru Smarak Vidyalaya, Deviganj Chauraha, Suryapur, Barabanki, hereinafter referred to as "the Institution" for quashing the order dated 18.09.2008 (Annexure No. 1) passed by the opposite party No. 4 whereby the petitioner has been suspended in contemplation of disciplinary proceeding against him on various charges. The suspension order has been challenged by the petitioner on several grounds including the competence of the opposite party No. 4 to pass the impugned order.

(3.) According to the petitioner, there is an approved scheme of administration of the Institution which provides that the provisions of Intermediate Education Act, 1921 as well as U.P. High School and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 are applicable and the Manager has no right to pass suspension order without approval of the competent authority which as per the Government Order dated 19.12.2000 is the Regional Committee headed by the Joint Director of which Basic Shiksha Adhikari and Finance & Accounts Officer are the Members and the said Committee is empowered to consider the matters pertaining to verification of the signatures as well as managerial disputes.