- (1.) The petitioner, who was appointed as a permanent Assistant Teacher in Bapu Inter College, Salempur, District Deoria (hereinafter referred to as the 'Institution'), has sought the quashing of the order dated 20th February, 2008 by which the U.P. Secondary Education Services Selection Board, Allahabad (hereinafter referred to as the 'Board') has granted prior approval to the proposal of the Committee of Management of the Institution to terminate the services of the petitioner under Section 21 of the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the 'Secondary Education Act'). The petitioner was appointed as an Assistant Teacher in the Institution on 8th July, 1970 and the appointment was approved by the District Inspector of Schools, Deoria on 8th September, 1970. The said Institution is recognised under the provisions of the U.P. Intermediate Education Act, 1921 (hereinafter referred to as the 'Intermediate Education Act'). The petitioner was placed under suspension 6th March, 1992 by the Committee of Management of the Institution but the suspension order lapsed since it was not approved by the District Inspector of Schools within the statutory period of 60 days. The petitioner was again placed under suspension by the Committee of Management of the Institution on 2nd July, 1992 and it is stated that this suspension order also lapsed. The petitioner, therefore, filed Writ Petition No. 35048 of 1992 for full payment of salary as the suspension orders had lapsed. This petition was disposed of on 29th May, 1998 with the following directions : I accordingly direct the respondent Nos. 1 and 2 to pay salary to the petitioner with effect from 2.7.1992 if the order of suspension has automatically lapsed after expiry of the period of sixty days and no punishment order has been passed against the petitioner. The respondents may arrange to pay the salary of the petitioner within three months of filing a certified copy of this order before them. In case the petitioner is not entitled for payment of the salary as indicated above or there is any legal impediment in release of the salary of the petitioner the respondent Nos. 1 and 2 would pass a reasoned order indicating the reasons. In case the committee of Management withheld the petitioner's salary for any unjustifiable reason, it would be open for the District Inspector of Schools to take such action as provided under U.P. Act No. 24 of 1971 for payment of the petitioner's salary.
(2.) A charge-sheet was sent by the Committee of Management of the Institution to the petitioner by the letter dated 26th April, 2002 requiring the petitioner to submit his reply within 15 days. Another letter dated 6th June, 2002 was sent to the petitioner requiring him to submit his reply to the charge-sheet within 15 days. On 19th June, 2002, the Committee of Management of the Institution, on the basis of the allegations contained in the charge-sheet and the preliminary enquiry report, resolved to terminate the services of the petitioner and send the papers for approval to the District Inspector of Schools for granting approval. Under Section 21 of the Secondary Education Act, the District Inspector of Schools has to forward the papers to the Board for granting prior approval to the resolution of the Committee of Management of the Institution but as the papers were not forwarded by the District Inspector of Schools to the Board, the Committee of Management of the Institution filed Writ Petition No. 55366 of 2005 which was disposed of on 16th August, 2005 with a direction to the District Inspector of Schools to transmit the entire papers within a month to the Board which shall consider the resolution in accordance with law after giving opportunity to the parties.
(3.) The District Inspector of Schools, Deoria then forwarded the papers to the Board by the letter dated 4th September, 2006 which letter was received by the Board on 15th September, 2006. However, as complete papers were not sent by the District Inspector of Schools, the Board sent a letter dated 28th October, 2006 to the District Inspector of Schools to forward the complete papers and then the District Inspector of Schools forwarded the papers to the Board by the letter dated 27th November, 2006. Thereafter the District Inspector of Schools also forwarded some more papers to the Board by the letter dated 17th February, 2007 which letter was received by the Board on 28th February, 2007.;