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Judgment
The delay in filing the appeal is condoned. The
application under Section 5 of the Limitation Act is allowed.
By way of this appeal, the appellant has challenged the
order of the learned Single Judge whereby the learned Single
Judge has dismissed the writ petition filed by the appellant
The learned Single Judge has held as under:-
"I find that so far as allegation of not holding first test is concerned, justified reason does not exist because rain cannot be an excuse to delay or not to hold first test. So far as second allegation is concerned, there is nothing on record to show that question regarding "Shiksha Maha Sambal Abhiyan" was not raised to the petitioner ans so far as third allegation is concerned, it has been admitted by the petitioner himself that food was not distributed amongst students as per menu. Looking to all these circumstances, in my opinion, minor punishment of stoppage of two grade increments without cumulative effect cannot be said to be illegal. I find no merit in the writ petition and the same is dismissed."
In that view of the matter looking to the allegations
against the petitioner the imposition of minor punishment of
stoppage of two grade increments without cumulative effect
appears to be just and reasonable and no interference in appeal is
called for.
The appeal stands dismissed.