ARUN TANDON,J. - (1.) HEARD Sri Ashok Khare Senior Advocate assisted by Sri V. K. Singh Advocate on behalf of the petitioner, Sri C. K. Parekh Advocate on behalf of respondent No. 5 and Standing Counsel on behalf of respondents 1, 2 and 3.
(2.) FAIZ -e -Aam Intermediate College, city and District Meerut is a minority institution recognized and aided under the provisions of the U. P. Intermediate Education Act, 1921. The provisions of the U.P. Intermediate Education Act, Regulations framed thereunder and also those of High School and intermediate Colleges (Payment of Salary to Teachers and Other Employees) Act, 1971 are fully applicable to the teachers and staff of the said institution. Petitioner, Afzal Ali, was employed as Class IV employee in the said institution. He was served with a show -cause notice dated 12 -7 -2003 by the Principal of the institution whereunder he was placed under suspension and an opportunity to furnish his explanation in respect of the allegations as mentioned in the notice was also afforded. One Sri Afroz Ahmad, Lecturer, was appointed as the Enquiry Officer in the matter. The petitioner submitted reply to the show -cause notice and denied the allegations made against him in the show -cause notice. The Principal of this institution, however, passed an order dated 11 -8 -2003 imposing the punishment of dismissal from service upon the petitioner. Against the said order of the Principal of the institution the petitioner preferred an appeal before the Committee of Management on 23 -9 -2003. Since the appeal was not decided within the period provided for under the Regulations, the petitioner preferred an appeal before the District Inspector of Schools dated 4 -11 -2003. The District Inspector of Schools by means of order dated 1 -3 -2004 has rejected the appeal of the petitioner in view of the judgment of this Court in the case of Saint Joseph High School, Meerut v. Ravi Shanker Sharma, 1996 A.L.J. 1070, on the ground that he has no jurisdiction to take any decision on the appeal and the petitioner may get his rights decided by a competent Court of law.
(3.) IN the present writ petition the petitioner has not challenged the order passed by the District Inspector of Schools dated 4 -11 -2003 and he has acquiesced to order of the District Inspector of Schools holding that the District Inspector of Schools has no jurisdiction to pass any order on the appeal in view of the judgment of this Court in the case of Saint Joseph High School, Meerut v. Ravi Shanker Sharma (supra). It is, therefore, not necessary for this Court to adjudicate upon the merits of the order passed by the District Inspector of Schools, thus, no opinion is being expressed as to whether the appeal in the facts of the case as filed by the petitioner could have been decided by the District Inspector of Schools or not in view of the provisions of the Regulations framed under the U.P. Intermediate Education Act, 1921.;