Satish Chandra, J. - (1.) The Managing Committee of Shanta Nand Swatantra Bharat Inter College, Azamgarh, has come up in appeal against the judgment of a learned Single Judge allowing a writ petition and quashing the order of the Deputy Director of Education passed in an appeal.
(2.) The appellant had engaged the respondent No. 1 as a head clerk. He was charge-sheeted for misconduct. An enquiry committee was appointed to investigate into the charges. Its report was considered by the Managing Committee which then passed a resolution that the charges had been proved and that the respondent be dismissed.This decision was forwarded to the District Inspector of Schools for his approval. The Inspector, however, refused to accord his approval. The Managing Committee thereafter went up in appeal. The Deputy Director of Education by a reasoned order held that the Inspector was in error in refusing to accord approval. Considering the merits of the matter, the proposal to dismiss the respondent was approved with the modification that he be removed from service.
(3.) Aggrieved, the respondent, head clerk came to this court in a writ petition. The learned Single Judge held that the Managing Committee had no right of appeal against the order of the Inspector declining to accord approval. On this ground the petition was allowed and the order of the Deputy Director was quashed.;