- (1.) Writ petitioner-appellant, aggrieved by order dated 10.12.2008, passed by a learned single Judge in Civil Misc. Writ Petition No. 37068 of 2008, has preferred this appeal under Rule 5, Chapter VIII of the High Court Rules.
(2.) Shorn of unnecessary details, facts giving rise to the present appeal are that the writ petitioner-appellant (hereinafter referred to as 'the petitioner') was appointed as Lecturer on 9.7.1970 at B. G. M. Intermediate College, Bhagalpur in the district of Deoria. At that time, it was a duly recognized minority institution. Petitioner was dismissed from service as a measure of punishment after a departmental inquiry by order dated 4th of June, 1978. The District Inspector of Schools disapproved the aforesaid order of dismissal by its order dated 19.9.1978 and instead directed the committee of management to inflict the* punishment of withholding of one increment. An appeal was preferred by the management against the aforesaid order before the Director but the same was withdrawn. Later on, the petitioner was again dismissed from service by order dated 9.4.1979. He challenged the aforesaid order by filing Writ Petition No. 3249 of 1979 before this Court, which was dismissed by order dated 1.11.1993. The status of the institution in which the petitioner was working as minority, was withdrawn on 29.4.1994.
(3.) Against the order of dismissal of the writ petition, petitioner preferred Special Appeal No. 488 of 1994 before this Court. By order dated 7.5.1997, the appeal was disposed of with the following direction: As long time has already elapsed, we consider it appropriate that without disturbing status quo prevailing today the matter may be sent to District Inspector of Schools for passing order in terms of Section 16G (3) (a) of the Act within the specified time. The District Inspector of Schools shall also consider the question with regard to payment of the arrears of salary from the date of the order of dismissal upto the date of order of approval or disapproval is passed. The order shall be passed by him within a period of three months from the date of a copy of this order is filed before him. The District Inspector of Schools shall afford opportunity to appellant as well as to the committee of management and pass order in accordance with law.;