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Judgment
D.P. Mohapatra, C.J. and R.R.K. Trivedi, J.—Heard Sri K.P. Shukla, learned Counsel for the appellant, Sri V.K. Shukla learned Counsel for respondents No. 1 and 2 and Sri Sabhajeet Yadav, learned Standing Counsel for the respondents No. 3 and 4.
The stay order passed by the learned Single Judge on 14.9.1998 in Civil Misc. Writ Petition No. 29575 of 1998 is under challenge in this appeal filed by respondent No. 3 of the writ petition. In the writ petition filed by respondents Nos. 1 and No. 2 herein, the order of the District Inspector of Schools, Muzaffarnagar, dated 8.7.1998, disapproving the order of the Committee of Management suspending the appellant was challenged. The said order was passed after sixty days the suspension order. By the impugned order passed on 14.9.1998 operation of the order dated 6.7.1998 has been stayed. The consequential position that emerges from the order is that the order of suspension, which had become ineffective by afflux of time (60 days), is sought to be served by the said order, which is, in our considered view, is not permissible under law. We feel that the interest of justice will be served by vacating the order of stay and directing the expeditious disposal of the writ petition.
Accordingly, the appeal is allowed. The order dated 14.9.1998 is set aside. It is further ordered that Civil Misc. Writ Petition No. 29575 of 1998 will be listed for disposal before appropriate bench on 24th November, 1998. In the mean time, the parties will exchange counter and rejoinder affidavits etc.