- (1.) WITH the consent of the parties the records of Writ Petition No. 25963 of 2008 were called for. This appeal as well as the writ petition is being disposed of at this stage without calling for any further affidavit.
(2.) TEJ Narain Singh, the appellant before this Court is working as officiating Principal in Kisan Inter College, Rajgarh, Mirzapur (hereinafter referred to as 'institution' ). The institution is recognized and aided under the provisions of the " Intermediate Education Act. Committee of Management of the Institution by means of a resolution dated 17. 2. 2008 resolved to place the Principal of the institution TEJ Narain Singh under suspension pending enquiry into the charges, as per the charge-sheet dated 1st March, 2008 (copy whereof has been enclosed at page 59 of the paper book of the special appeal ). With reference to the provision of Section 16-G (7) the relevant papers for approval of the suspension of the Princi pal, so effected, were forwarded to the District Inspector of Schools. The District Inspector of Schools by means of the order dated 24th April, 2008 decided to disapprove the order so passed by the Committee of Management of the institu tion. Not being satisfied with the order of the District Inspector of Schools dated 24th April, 2008, the Committee of Management filed Writ Petition No. 25963 of 2008. In the said writ petition an interim order has been granted by the learned Single Judge on 2nd July, 2008, whereby the operation of the order dated 24th April, 2008 has been stayed. Against the aforesaid order of the learned Single Judge the present Special Appeal No. 830 of 2008 has been preferred. Counsel for the appellant contends that the period of 60 days from the date of suspension of the petitioner had expired in the month of June, 2008 itself and, therefore, the learned Single Judge was not justified in staying the order of the District Inspector of Schools disapproving the suspension of the Principal con cerned. Reliance has been placed upon the Full Bench judgment of this Court in the case of Chandra Bhushan Misra v. District Inspector of Schools, Deoria and others, (1995) 1 UPLBEC 460, wherein it has been held that the order of suspen sion would lose its life automatically after expiry of sixty days from the communi cation of the same unless it is approved in writing by the District Inspector of Schools. However, it has been clarified that the District Inspector of Schools does not loose the power to approve the suspension even thereafter.
(3.) HOWEVER, in the facts of the present case since decision to suspend the Principal has been disapproved by the District Inspector of Schools, it logically follows that there is no order in writing by the District Inspector of Schools approv ing the order of suspension till date. Consequently, the suspension order has lost its life by operation of law. In view of the aforesaid, the order of the learned Single Judge staying operation of the order of the District Inspector of Schools disapproving the sus pension virtually has the effect negating the provision of Section 16-G (7) and restoring an order, which has already lost its life, by an interim order.;