Irshad Ali,J. - (1.) Heard Sri G.C. Verma, learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 and 2, Sri P.K. Singh Bisen, learned counsel for respondent Nos.3 and 4 and Sri Avnish Kumar Singh, learned counsel for respondent No.5.
(2.) By means of the present writ petition, the petitioner is challenging an order passed by the Director of Education (Basic), whereby certain benefits have been granted to the respondent No.5 of the post of Headmaster of an institution run and managed by the private Management receiving aid from the State Government.
(3.) Brief fact of the case is that the respondent No.5 was granted appointment on the post of Headmaster and while holding the post, disciplinary proceeding was initiated against him and he was suspended vide order dated 9.8.2005, which was challenged by way of Writ Petition No.5489 (S/S) of 2005, wherein this Court granted interim order and in pursuance thereof, the respondent No.5 was reinstated in service and continued to discharge his duties. The interim order granted by this Court was modified on 25.1.2006 with the permission to conclude the disciplinary proceeding, if any, against respondent No.5. In pursuance thereof, the disciplinary proceeding was initiated and after its conclusion, papers were submitted before the District Basic Education Officer for grant of prior approval as required under Rule 15 of the Rules of 1978. The District Basic Education Officer, after hearing the parties, disapproved the proposal of the prior approval of the disciplinary proceeding of the respondent No.5 on the ground that while concluding the disciplinary proceeding proper opportunity of hearing was not provided to the respondent No.5.;