Mangala Rai vs District Inspector of Schools and Others

Bharati Sapru, J.—Heard learned Counselor the petitioner and learned Sanding Counsel for the Stale and Sri V.K. Singh for the newly impleaded respondent No. 6.

It is the case of the petitioner that he was appointed ease a Daftari in the Institution in question on 26.10.1980, his appointment was ''approved, by tin: District inspector of Schools by his order dated 27.7.1982. Since, the date of approval the petitioner was functioning; as a Daftari without any problem.

The new incumbent to the office of the District Inspector of Schools, has passed the impugned order dated 27.4.1984 by. which he has withdrawn the approval granted earlier.

Learned Counsel for the petitioner has argued that the District Inspector of Schools does not have the power to review his own order.

The contention raised by the petitioner has force. No power of review is granted to the District Inspector of Schools in the Act. The impugned order is, therefore, set aside. It is left open to the respondent authorities to pass a fresh order in accordance with law after hearing all the parties.

The writ petition is allowed.