- (1.) The appellant had instituted a writ petition under Article 226 of the Constitution in order to challenge an order passed by the District Inspector of Schools on 9 December 2014, granting approval to his suspension under Section 16-G (7) of the U.P. Intermediate Education Act, 1921. The learned Single Judge dismissed the writ petition by the impugned judgment and order dated 9 February 2015.
(2.) In the special appeal arising out of the judgment and order of the learned Single Judge, two submissions have been urged on behalf of the appellant; (i) no reasons were recorded by the District Inspector of Schools while granting approval; and (ii) the order of approval was passed without furnishing to the appellant an opportunity of being heard.
(3.) The appellant was an officiating Principal at the material time, of an Intermediate College. A three member committee was constituted by the District Magistrate to enquire into the allegation in regard to the irregularities in and the mis-utilisation of the fund meant for mid-day-meals in the institution. The Committee consisted of the District Inspector of Schools, Tehsildar and the Sub-Divisional Magistrate. After the Committee submitted its report finding that the appellant was guilty of mis-utilisation and maladministration, the report of the Committee was forwarded by the District Magistrate to the District Inspector of Schools. The District Inspector of Schools, by a communication dated 7 November 2014, called upon the Management of the Institution to take further steps in accordance with law upon the enquiry report. On 16 November 2014, a resolution was passed by the Management to suspend the appellant. The Management moved the District Inspector of Schools on 4 December 2014 for his approval. The District Inspector of Schools granted his approval on 9 December 2014.;