- (1.) Committee of Management Azad Hind Inter College, Karhal Mainpuri through its Manager has approached this Court with a request to quash the order dated 15.5.2013 wherein District Inspector of Schools, Mainpuri has proceeded to disapprove the resolution of suspension dated 15.5.2013. Background of the case is that Azad Hind Inter College Karhal Mainpuri is a recognised and aided institution under the provision of U.P. Intermediate Education Act 1921 and payment to the staff teaching and non-teaching is made under the U.P. High School and Intermediate Colleges (Payment of Salaries of the Teachers and Other Employees) Act, 1971. The service conditions of the Teachers are governed under the provisions of the U.P. Intermediate Education Act as well as under the provisions of the U.P. Secondary Education Service Selection Board Act and Rules framed thereunder. Karunesh Jauhari, respondent No. 3 has been performing and discharging duty as Principal, and it appears that Committee of Management of the institution concerned on 13.5.2013 place him under suspension and thereafter in consonance with the provision as contained under Chapter III Regulation 39 of U.P. Act No. II of 1921, papers in question have been transmitted for the purposes of approval being accorded. Thereafter District Inspector of Schools, district Mainpuri has heard the matter on 3.6.2013 and then he has proceeded to disapprove the charges in question on the ground that same are not so serious. At this juncture Committee of Management is before this Court and is contending that issues raised by the parties have not at all been considered in its correct prospective and unreasoned decision has been taken.
(2.) Sri. K. Ajit, learned counsel for the petitioner contended with vehemence that the District Inspector of Schools has erred in law in not giving cogent reason in disapproving the resolution whereas there are serious charges which prompted the Managing Committee of the institution to invoke and exercise its authority of suspension, as such writ petition in question deserves to be allowed.
(3.) Countering the said submission, learned Standing Counsel as well as Sri Yogish Kumar Saxena Advocate, on the other hand contended that rightful order has been passed in the present case and entire action of the Managing Committee is motivated one and as of now as more than 60 days period have elapsed and suspension order has not been approved till date as such Lala Ram has every right to function and receives salary as Principal.;