ARUN TANDON,J. - (1.) HEARD Sri Ashok Khare, Senior Advocate assisted by Sri Mukesh Kumar on behalf of the petitioner, Standing Counsel on behalf of respondent nos. 1 to 4 and Sri V.K. Singh, Advocate for the caveator.
(2.) LEARNED counsel for the parties agree that the writ petition may be finally disposed of at this stage itself without calling for any further affidavit, specifically in view of the order proposed to be passed today. Petitioner before this Court is working as permanent Principal of S.R.M. Inter College, Bisalpur, District-Pilibhit. He was placed under suspension under a letter of the Manager of the institution dated 29.01.2010. The papers pertaining to suspension of the petitioner were forwarded by the Committee of Management to the District Inspector of Schools. The District Inspector of Schools is alleged to have approved the said suspension under an order dated 05.02.2010. Subsequently, it appears that on a representation being made by the petitioner, the Manager has withdrawn the order of suspension vide order dated 08th February, 2010. Petitioner, therefore, approached the District Inspector of Schools for issuing necessary orders for continuance of the petitioner as Principal and for attestation of his signatures again. Since no action was being taken, he filed Writ Petition No. 11988 of 2010. The writ petition was disposed of vide order dated 11.03.2010 requiring the District Inspector of Schools to examine the matter and to pass appropriate order in respect of the grievance of the petitioner.
(3.) THE District Inspector of Schools, Pilibhit under the impugned order dated 31.03.2010 has rejected the representation made by the petitioner on two grounds (a) once the suspension has been approved by the District Inspector of Schools under Section 16-D (7) of the Intermediate Education Act, 1921, the same cannot be recalled without approval of the District Inspector of Schools and (b) that more than 2/3 members of the Nagar Palika Parishad have given in writing that no resolution has been passed by the Board for withdrawing the suspension or the petitioner.;