PRINCIPAL, MAHESHWARI PRASAD INTER COLLEGE Vs. THE DISTRICT INSPECTOR OF SCHOOLS
LAWS(ALL)-1991-3-154
HIGH COURT OF ALLAHABAD
Decided on March 12,1991

Principal, Maheshwari Prasad Inter College Appellant
VERSUS
The District Inspector Of Schools Respondents

JUDGEMENT

Om Prakash, J. - (1.) THE petitioners seek quashing of the impugned order dated 15/16 -9 -1987, Annexure 6 to the writ petition passed by the District Inspector of Schools respondent No. 1 holding that the signature of the petitioner on the paper which is said to be his resignation were misused and that in fact no resignation was sent by the petitioner who is employed as Class IV employee in Maheshwari Prasad Inter College Alamchand Allahabad. The petitioner, a Principal of the aforesaid Institution has challenged the impugned order Annexure 6 to the writ petition inter alia on the ground that no copy of the representation disposed of by the respondent No. 1 by the impugned order was made available to him (Petitioner) and that he was not given any opportunity of being heard before passing the impugned order. No counter affidavit has been filed by the respondent No. 3 having been served as per affidavit of service filed by the petitioner. The respondent No. 2 though has filed the counter affidavit but his learned counsel has candidly stated that the impugned order Annexure 6 to the writ petition be quashed and the matter be sent back to the respondent No. 1 to dispose of the representation of the respondent No. 2 after giving an opportunity of being heard to the parties. The writ petition is therefore allowed, the impugned order dated 16 -9 -1987, Annexure 6 to the writ petition is quashed and the matter is remitted to the respondent No. 1 directing him to dispose of the representation of the respondent No. 2 afresh after furnishing a copy of the representation to the petitioners and after giving an opportunity of being heard to the parties within a month from the date a certified copy of this order is served upon the respondents by the petitioners.;


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