- (1.) S. P. Srivastava, J. The petitioner who is a confirmed Head Master of Gulab Singh Purva Madhyamik Vidyalaya, Samaithan, Bhiti, district Gorakhpur was put under suspension pending contemplated disciplinary enquiry. Feeling aggrieved, he |has approached this Court seeking the quashing of the aforesaid order.
(2.) PARTIES have exchanged their affidavits. Considering the nature of controversy involved in this case, the learned Counsel for the parties have jointly requested that this case be disposed of finally. Accepting the request, I have heard the learned Counsel for the parties and have carefully perused the record. Gulab Singh Purva Madhyamik Vidyalaya, Samaithan, Bhiti, district Gorakhpur is a Junior High School which stands recognised under the provisions of the U. P. Basic Education Act and the Rules framed thereunder. It is not disputed that the petitioner is a confirmed Head Master of the aforesaid institution. It is also not disputed that the com mittee of management with Sri Sesh Nath Singh as its Manager elected on 7-2-1993 had been duly reconised by the Basic Shiksha Adhikari as a validly elected committee of management for running and managing the aforesaid institution. It is further not Disputed by the learned Counsel for the petitioner that the aforesaid order of recognition granted by the competent authority has not been upset or disturbed in any manner and the aforesaid committee of management continues to be in effective control of the institution. It is apparent from the record that the committee of management with Shesh Nath Singh and its Manager had passed a resolu tion on 1-5- 1995 whereunder a decision was taken to place the petitioner under suspension and for initiating disciplinary enquiry against him. Pur suant to the aforesaid decision of the committee of management, the Manager had issued the order dated 3-5-1994 whereafter on 16-5-1994 a charge-sheet has also been submitted which was served on the petitioner. The disciplinary enquiry initiated against the petitioner however has not proceeded further.
(3.) LEARNED Counsel for the parties have levelled allegations and counter allegations against the parties represented by them accusing each other for the delay in completing the disciplinary enquiry. The petitioner has strenuously urged that the impugned order of suspension is manifestly illegal as a perusal of the same indicates that it does not refer to any pending or contemplated disciplinary enquiry against the petitioner in the absence whereof no teacher can be put under suspen sion. This submission is totally misconceived and baseless. The impugned order of suspension clearly indicates that the petitioner was being put under suspension pending contemplated disciplinary enquiry against him. In this connection, it may be noticed that the Rule 16 of the U. P. Recognised Basic Schools (Junior High Schools) Recruitment and Conditions of Service of Teachers Rules, 1978 provides that in respect of disciplinary proceedings for the punishment to be inflicted in such proceedings a Head Master or Assistant Teacher, as the case may be, of a recognised school shall be governed by the Rules applicable to Head Master and Assistant Teacher of a basic school established or maintained by the Board. It is therefore, obvious that the U. P. Basic Education Staff Rules, 1973 become applicable and as provided for under Rule 4 of the said Rules, a person against whose conduct an enquiry is contemplated or is proceeding may be placed under suspension pending conclusion of the enquiry in the discretion of the appointing authority. The resolution of the committee of management dated 1-5-1994 clearly indicates that a decision to initiate the disciplinary proceedings against the petitioner had been taken and in accordance with the said decision, the Manager/secretary had issued the order dated 3-5-1994 pointing out that the disciplinary enquiry against the petitioner was under contemplation. In the circumstances, therefore, the impugned order does not suffer from any such defect as pointed out and the submis sion made in this regard is not accepted at all.;