COMMITTEE OF MANAGEMENT MAHATMA GANDHI VIDYALAYA INTER COLLEGE KANPUR NAGAR Vs. DISTRICT INSPECTOR OF SCHOOLS KANPUR NAGAR

JUDGEMENT

(1.) ALOKE Chakrabarti, J. The Respon dent No. 2, a teacher in Mahatma Gandhi Vidyalaya, Inter College Vijai Nagar Kan pur Nagar was arrested in connection with the Criminal proceeding under Sections 304-B and 498-A of the Indian Penal Code on an incident of murder of his daughter-in-law and was taken in custody on 27-2-1997. The petitioner was suspended on 14-3-1997 by the Committee of Manage ment and the same was approved by the District Inspector of Schools on 26-4-1997. But, the District Inspector of Schools cancelled the said approval order on 8-5-1997. The Committee of Manage ment passed order dated 13-5-1997 effect ing the suspension of the Respondent No. 2 until further orders. By order dated 13-10-1997 the Joint Director of Education directed payment of salary to the Respon dent No. 2. In respect of realisation of such payment, order dated 3-11-1997 was passed directing single operation of the Accounts. Four Writ Petition Nos. 19779/97, 22857/97, 34934/97 and 37355/97 were filed by the respective par ties against the aforesaid orders. Interim order was passed in Writ Petition No. 37355 of 1997 against the order directing single operation which was later on set aside in Special Appeal No. 950 of 1997. Ultimately by judgment and order dated 28-10-1998 Hon'ble S. Rafat Alam, J. decided all the aforesaid writ petition directing the District Inspector of Schools to pass a fresh order on the application of the Respondent No. 2 under sub-section (8) of Section 1-6-G of the U. P. Inter mediate Education Act after affording op portunity of hearing to the management.

(2.) IN compliance of the said order the District INspector of Schools passed impugned order dated 12-4- 1999 revoking approval to the suspension of the Respon dent No. 2.

(3.) LEARNED counsel for the petitioner further contended that in view of stay order granted, the Respondent No. 2 did not suffer financial loss for long period and he was being paid salary under the court's order and therefore, on the ground of delay such approval could not be refused.