PRADEEP KANT, SHABIHUL HASNAIN, JJ. - (1.) NOTICE of this Special Appeal on behalf of opposite party Nos. 1, 2, 4 and 6 has been accepted by learned Chief Standing Counsel, 3 and 5 by Sri A.M. Tripathi and 7 by Sri Pankaj Pathak,
(2.) THIS Special Appeal has been filed against the judgment and order dated 1st October, 2008 passed by learned Single Judge (Hon'ble D.V. Sharma, J.) by means of which on day one when the petition was presented for preliminary hearing the same was disposed of with a direction that the petitioner shall file a fresh comprehensive representation along with certified copy of the order as well as complete copy of the writ petition with all Annexures before the Director of Education (Basic) who will decide the same by a speaking and reasoned order within three weeks of the receipt of representation, as contemplated above, exercising its unfettered discretion on the basis of record before him in accordance with relevant Rules, recent Government Order, Scheme/Policy. It was further directed that the operation of the impugned order dated 13.6.2008 shall be kept in abeyance. Admittedly the petition was disposed of finally even without issuing notice to the present appellant i.e., Committee of Management and whose action was under challenge, and the tenor of the order is, as if the writ petition is to be considered and decided by the authority concerned.
(3.) THE cause of action for filing the writ petition arose because of disciplinary enquiry being conducted by the present appellant i.e., Committee of Management. A resolution was passed by the Committee of Management for dismissing the services of opposite party No. 7 who was the Head Master. This resolution was forwarded to Basic Shiksha Adhikari for approval under Rule 15 of the Rules. The Basic Shiksha Adhikari in turn issued a show cause notice to the opposite party No. 7 requiring him to explain as to why the necessary approval may not be granted. It is at this stage the writ petition was filed by the opposite party No. 7.;