NAVEEN CHANDRA JOSHI Vs. STATE OF UTTARAKHAND AND OTHERS.
LAWS(UTN)-2013-10-57
HIGH COURT OF UTTARAKHAND
Decided on October 30,2013

NAVEEN CHANDRA JOSHI Appellant
VERSUS
State Of Uttarakhand And Others. Respondents

JUDGEMENT

Alok Singh, J. - (1.) Undisputedly, petitioner, who was working as Assistant Clerk in H N Inter College, Haldwani, was placed under suspension vide order dated 08.05.1977 in contemplation of disciplinary proceedings against the petitioner; after disciplinary inquiry, Committee of Management of College vide order dated 03.04.1978 decided to terminate the services of the petitioner; matter was referred to District Inspector of Schools, Nainital for approval; District Inspector of Schools vide order dated 20.06.1978 was pleased to approve the termination of the petitioner so awarded by the committee of Management of College.
(2.) Feeling aggrieved, petitioner preferred a statutory appeal before the Deputy Director of Education, Nainital. Appeal, so filed by the petitioner, was dismissed vide order dated 21.04.1979. Feeling aggrieved petitioner preferred a Civil Misc. Writ Petition No. 5030 of 1979 before Allahabad High Court. Learned Single Judge of Allahabad High Court vide judgment dated 05.07.1994 was pleased to allow the writ petition. Operative portion of the judgment dated 05.07.1994 reads as under: "For the reasons stated above, this petition is allowed. The order dated 20.06.1978 passed by the District Inspector of Schools and the order dated 21.04.1979 passed by the Deputy Director of Education, Nainital are quashed. The parties shall stand relegated at the stage of approval before District Inspector of Schools, who shall pass a fresh order in accordance with law after hearing portion, and in the limit of the observation made above. The petitioner shall be treated under suspension through out this period and shall be entitled for the suspension allowance. Since the matter is very old, the District Inspector of Schools shall pass order within three months from the date of a copy of this order is filed before him."
(3.) Pursuant to the order dated 05.07.1994, petitioner as well as Committee of Management was heard by District Inspector of School, Nainital and ultimately, approval, on the termination of petitioner, so awarded by the Committee of Management, was accorded on 20.05.1995 under Regulation 37 of the Regulations framed under Intermediate Education Act, 1921.;


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