A.P.Sahi, J. - (1.) Heard Sri W.H. Khan, learned Counsel for the petitioner and Sri Ashok Khare, Senior Advocate, who has put in appearance on behalf of the contesting respondent.
(2.) The petitioner - Committee of Management has challenged the order of disapproval passed by the Basic Education, Officer, whereby the proposal of the Committee of Management imposing punishment on the contesting respondent has been disapproved. Learned Counsel for the Committee contends that the Impugned order proceeds on an erroneous interpretation of the provisions of Rule 12 of the U.P. Recognized Basic Schools (Junior High School) Recruitment and Conditions of Service of Teachers. Rules 1978 and is even otherwise founded on erroneous assumption on fact and Jaw hence the same deserves to be set aside.
(3.) Sri Ashok Khare, learned Senior Counsel for the contesting respondent, has raised a preliminary objection on the ground that the petitioner - Committee of Management has an alternative remedy of filing an appeal before the Secretary, Basic Education, Board against the impugned order and, as such the petition deserves to be dismissed on the short ground alone.;