- (1.) PARITOSH K. Mukherjee, J. The management of Janta Shiksha Samiti, Newada, Allahabad and others are the petitioners in the instant writ petition, which arises out of the judgment and order dated March 25, 1987, passed by Sri Vimal Kishore, VII Additional District Judge, Allahabad.
(2.) THE case of the aforesaid management is that on the basis of certain delinquency and embezzlement of the funds of the school namely, Shivaji Uchchattar Madhyamik Vidyalay, Newada, Allahabad, Triveni Lal Srivastava, Principal of the aforesaid school, being respondent No, 3 was placed under order of suspension on April 24, 1986. THEreafter on resolution passed by the Committee of the Management of the aforesaid School,, the respondent No. 3 was charge-sheeted, which he has accepted. Sri Triveni Lal Srivastava, respondent No. 3 herein, preferred a misconceived appeal and representation before the District Inspector of Schools, Allahabad being respondent No. 2, who under misconception and total misapprehension has exercised appellate order and thereby issued notice to the Management as to why the order of suspension should not be revoked. Against the said show cause notice, a competent suit was tiled by the Management of the school, and, the said suit was concluded by an order dated August 22, 1986, passed by Kumari Radha Tiwari, Additional Munsif VIO, Allahabad, wherein it has been held that District Inspector of Schools had no power to review his previous order vide 1985 UPLBEC 829 (para 7) and 1985 UPLBEC 737, (para 44 ).
(3.) AGAINST the aforesaid order the delinquent Principal, being respon dent No. 3, further preferred an appeal which was disposed of by Vll Addi tional District Judge, Allahabad by delivering judgment on March 3, 1987 whereby the appeal was allowed with costs, and, the order dated August 22,. 1986 passed by Additional Munsif, VI11, Allahabad was set aside. Sri D. K. Singh, learned counsel holding the brief of Sri S. N. Singh and Sri S. K, Singh, learned counsel appearing for the petitioners firstly argued that the District Inspector of Schools, Allahabad having no supervisory power to issue the said show cause notice against the Management, the initial order passed by the District Inspector of Schools, Allahabad was void and illegal and the same should be interfered with by this Court.;