V.M.SAHAI, RAN VIJAI SINGH, J. - (1.) SHORT question that arises for consideration in this Intra Court Appeal is whether the District Inspector of Schools while passing the order under sub-section 7 of section 16-G of U.P. Intermediate Education Act, 1921 is required to pass a reasoned order approving or disapproving the suspension order.
(2.) THE petitioner is Principal of Lala Bulaki Das Baburam Sahai Hindu Mahila Inter College, Tilhar Shahjahanpur. The petitioner was suspended by the Committee of Management on 1.8.2008. This suspension order was disapproved on 15.9.2008 by the District Inspector of Schools. Thereafter, the Committee of Management (on additional charges) again suspended the petitioner on 29.9.2008. This suspension order has been approved by the District Inspector of Schools by order dated 20.10.2008. This order was challenged by the petitioner before learned Single Judge who dismissed the writ petition on 11.11.2008 holding that the reasons were not required to be recorded by the District Inspector of Schools sub-section 7 of section 16-G of U.P. Intermediate Education Act, 1921 do not require to assign any reason. It is this order of learned Single Judge which has been challenged by the appellant before us in this appeal. We have heard Shri R.N. Singh, learned Senior Counsel assisted by Shri Prabhakar Awasthi, learned Counsel for the appellant and Shri M.K. Gupta assisted by Shri M.K. Nigam, learned Counsel for the respondent No. 3 and learned Standing Counsel for the respondents Nos. 1 and 2.
(3.) LEARNED Counsel for the parties have made statement before us that no factual dispute is involved in the case and only question of law is to be decided, therefore, we have taken this special appeal for final disposal without calling any counter-affidavit.;