High Courts(1998) 02 AHC CK 0064

Committee of Management Maharajganj Inter College Maharajganj vs Joint Director/Deputy Director of Education,VIIth Region Gorakhpur.

Allahabad High Court · Decided on 27 February 1998

HON’BLE JUDGES
S.N.Agarwal, J
RESULT
Disposed Of
CASE NUMBER
Civil Miscellaneous Writ Petition No. 6469 of 1998

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Judgment

7 paragraphs · 237 words

Sudhir Narain, J.

The petitioner seeks writ of mandamus commanding the District Inspector of Schools, Maharajganj, respondent No. 2 to pass order regarding approval of suspension order dated 12121997, passed by the petitioner Committee of Management suspending respondent No. 3 from service.

The version of the petitioner is that on 16111997 the Committee of Management of the Institution resolved to suspend respondent No. 3 on the ground of certain charges against him. The papers were forwarded to the District Inspector of Schools, respondent No. 2. Respondent No. 2 has not passed any order till date.

In view of the decision in Chandra Bhushan Mishra v. District Inspector of Schools Deoria and others, 1995 (1) U.P.L.B.E.C. 460, in which it was held that the District Inspector of Schools, does not become functus officio after expiry of 60 days from the date of passing of the order of suspension and he has to pass the order in this regard, respondent No. 2 is directed f to pass a reasoned order on the papers forwarded to him by the Committee of Management after affording opportunity to the petitioner and respondent No. 3 within six weeks from the date of production of a certified copy of this order.

The Writ Petition is accordingly disposed of finally.

Certified copy of this order be given to learned Counsel for the petitioner on payment of usr" i charges within a week.

W.P. disposed off.