SUNITA AGARWAL, J. - (1.) HEARD Sri R.C. Dwivedi, learned counsel for the petitioners, Sri S,K, Shahi, learned counsel for respondent No.4 and learned Standing Counsel for respondent Nos. 1 to 3.
(2.) THE petitioner is seeking for quashing of the order dated 26.11.2014 and 26.12.2014 passed by the District Inspector of Schools, Ghazipur.
(3.) THE ground for challenge is that the respondent No.4 -Head Clerk of the institution was suspended by order dated 1.9.2014. The said order was duly communicated to the District Inspector of Schools. However, no order of approval or disapproval to the suspension order was passed, rather proceeding under Section 3(3) of the Payment of Salaries Act, 1971 was initiated against the committee of management to ensure payment of salary of respondent No. 4 for November, 2014. Submission is that Regulation 39(3) obligates the District Inspector of Schools to pass an order of approval or disapproval of the suspension order in writing else the suspension order would become ineffective after a period of 60 days from its inception. From the orders dated 26.11.2014 and 26.12.2014, it is apparent that the suspension order was not disapproved by the District Inspector of Schools, rather it was stated that as the suspension order was not approved, the management was under obligation to submit the salary bills of respondent no. 4 for the months of October and November, 2014. Further submission is that the management has again placed respondent no. 4 under suspension by passing a fresh order dated 29.12.2014 on the charges mentioned therein. In view thereof, the insistence of the District Inspector of Schools, Ghazipur to pay salary of respondent no. 4 and exercise of power under Section 3(3) of the U.P. Act No. 24 of 1971, is illegal.;