S.C. Mathur, J. - (1.) PETITIONER who is Head Master of Rukmani Devi Junior High School, Rupaidiha, District Bahraich, for short School, has directed this petition against the order dated 1 -10 -1988. Annexure 3, passed by the Manager of the School placing him under suspension on the charges specified in the order. The main ground of challenge against the impugned order is that there is no provision for suspension and in any case there is no provision for payment of reduced emoluments during the suspension period. It is also the petitioner's case that the suspension order has not been approved by the District Basic Education Officer and, therefore, it is non est in the eye of law. Apart from these legal grounds it is alleged that Sri D, P. Agarwal who issued the suspension order was not the Manager of the School at the time the order was passed and, therefore, he was incompetent to suspend the petitioner. It is further stated that the charges levelled against the petitioner are factually incorrect.
(2.) THE petition has been contested on behalf of the Management. On behalf of the Management it has been pleaded that the School is run by a private Society and it does not receive any grant -in -aid from the Government and, therefore, writ petition under Article 226 of the Constitution is not maintainable against it. It is denied that there is no provision for suspension and payment of reduced emoluments. The factual dispute raised by the petitioner is controverted. Power to suspend and direct payment of subsistence allowance: In view of the pleadings of the parties the main question that arises for consideration is whether there is power to suspend and to direct payment of subsistence allowance only instead of full salary during suspension period.
(3.) BASIC education in the State of Uttar Pradesh is governed by the U.P. Basic Education Act, 1972 (U.P. Act No. 34 of 1972), for short Act. Under Section 19(2)(c) the State Government is competent to make rules for the recruitment and conditions of service of the persons appointed to the post of teacher other posts in Basic Schools recognised by the Board constituted under Section 3 of the Act. In exercise of this power the State Government has framed the Uttar Pradesh Recognised Basic Schools (Junior High Schools) (Recruitment and Conditions of Service of Teachers) Rules, 1978, for short 1978 Rules. It is not disputed that the School in which the petitioner was appointed Head Master is a recognised Junior High School. Applicability of these Rules arises from the mere fact of recognition. It is not dependent upon payment of grant -in -aid or any other financial assistance by the Government to the School. Accordingly these Rules are applicable to the petitioner as well as the School. Rules 15 and 16 of these Rules are relevant and they read as follows: 15. Termination of service - -No Headmaster or assistant teacher of a recognised school may be discharged or removed or dismissed from service or reduced in rank or subjected to any diminution in emoluments or served with notice of termination of service except with the prior approval in writing of the District Basic Education Officer. (Emphasised). 16. Disciplinary Proceeding. - -In respect of disciplinary proceedings and the punishment to be inflicted in such proceedings a Head -master or assistant teacher as the case may be, of a recognised school shall be governed by the rules applicable to Headmaster and assistant teacher of a Basic School established or maintained by the Board.;