P.S.Gupta, J. - (1.) This petition by the Committee of Management of an Intermediate College recognised under the provisions of the U.P. Intermediate Education Act (hereinafter referred to as the Act) is directed against an order passed by the District Inspector of Schools dated 3rd November, 1980, reducing the punishment imposed by it on Prem Babu Pal, who figures as respondent No. 3 and was employed as a Head Clerk, from one of dismissal to stoppage of annual increment of one year.
(2.) The material facts giving rise to this petition are that the Committee of Management framed certain charges against respondent No. 3 and having found them proved, ordered his dismissal, Prem Babu Pal admittedly moved the District Inspector of Schools against the action taken by the Committee of Management by way of an appeal. The District Inspector of Schools called for the comments of the Committee of Management and ultimately passed the impugned order disclosing therein that the charges found proved against respondent No. 3 were not made out on he material on record. However, since the District Inspector of Schools was of the opinion that respondent No. 3 had been careless in the discharge of his duties, he modified the order of the Management and reduced the punishment awarded to him.
(3.) Learned counsel for the petitioner contended that as far as class III employees are concerned, the decision of the Management with regard to the punishment, if any, to be imposed on them was final and the District Inspector of Schools had no jurisdiction either in appeal at the instance of the aggrieved employee or otherwise to interfere with the action taken by the Management. In our opinion, there is no merit in this contention. Section 16-C (1) provides that, "Every person employed in a recognised institution shall be governed by such conditions of service as may be prescribed by Regulations and any agreement between the Management and such employee in so far as it is inconsistent with the provisions of this Act or with the Regulations shall be void." Section 9 read with Section 16 G (1) of the Act clearly thus empowers framing of Regulations prescribing conditions of service of all employees of recognised institutions, including ministerial as well as clerical staff.;