- (1.) V. N, Khare, J. Shri Uma Kant, learned counsel for the appellant, Sri S. P. Singh, learned counsel appearing for respondent No. 4 and Standing Counsel appear for respondent Nos. 1 and 2 are agreed that this Special Appeal may finally be disposed of at the admission stage. We accordingly dispose of the Special Appeal finally.
(2.) THIS Special Appeal is directed against the order and judgment of the learned Single Judge dated 25th January, 1995, dismissing the writ petition filed by the appellant. The appellant is a Committee of Management of an Institution, known as Shukulpur Intermediate College, Shukulpur District Allahabad. It is constituted under the provisions of the U. P. Intermediate Education (Amendment) Act and that Regulations i'ramad thereunder. Sri Ambika Prasad Misra, respondent No. 4 is a Lecturer in the institution run by the appellant. It appears that the permanent Principal of the institution retired and as such a substantive vacancy arose for the appointment of Principal in the Institution. Under the of Removal Difficulties Order issued under the U. P. Secondary Education Service Commission and Selection Board Act, 1981 it is open to the Management of an institution to appoint a senior-most Lecturer as ad hoc Principal pending selection of a regular principal of the Institution. It appears that Sri Ambika Prasad Misra, who alleges himself to be senior-most teacher staked his claim for appointment as ad hoc principal of the institution In between time the appellant suspended Sri Ambika Prasad Misra pending disciplinary proceeding against him on 4th December, 1994. It appears that the appellant although reported the District Inspector of School in respect of suspension of Sri Misra within seven days from the date of the order of suspen sion but did not send the report and other particulars in respect of suspension of Sri Misra within seven days of the passing of the order of suspension. The District Inspector of Schools by order dated 13th January, 1995 revoked the order of suspension on the ground that the appellant did not submit the report and other particulars regarding the suspension of respondent No. 4 within seven days from the date of the order of suspension as provided under sub section (6) of Section 16-G of the U. P. Intermediate Education (Amendment) Act. This led to the filing of petition by the appellant in this Court challeng ing the order of District Inspector of Schools dated 13th January, 1995. The argument advanced on behalf of the appellant did not find favour with learned Single Judge, consequently the writ petition was dismissed. Aggrieved, the appellant has come up in Special Appeal. Sri Uma Kant, learned counsel for the appellant urged that the pro visions of sub-section (6) of Section 16-G of the Amendment Act which pro vides for submitting the report and other particulars regarding the suspension of a teacher to the Inspector within seven days from the date of suspension is not mandatory and as such the order of suspension cannot be revoked merely on this ground alone. In support of his submission learned counsel for the appellant relied upon a decision of this Court in the case of Mahesh Prasad Gov. v. Authorised Controller, V. D. T. Inter College, Mianganj, Unnao, 1984 UPLBEC 897.
(3.) ON the other hand Sri S. P. Singh, learned counsel appearing for respondent No. 4 contended that the provision is mandatory and any non-compliance thereof would result in revocation of the order of suspension. In order to appreciate the argument, it is necessary to extract the provisions of sub-section (6) of Section 16-G of the Act. "where any Head of Institution or teacher is suspended by the Com mittee of Management it shall be reported to the Inspector with in thirty days from the date of the commencement of the Uttar Pradesh Secondary Education Laws (Amendment) Act, 1975, in case the order of suspension was passed before such commence ment, and within seven days from the date of the order of suspen sion in any other case, and the report shall contain such parti culars as may be prescribed and accompanied by all relevant documents. " Regulation 39 framed under the Act provides the particulars which a Management is required to furnish before the District Inspector of Schools within stipulated period of time.;