ANIL KUMAR,J. - (1.) HEARD Sri K. K. Singh, learned counsel holding brief of Sri I.B. Singh, Senior Advocate for the petitioner in writ petition no.3876 (MS) of 2007 and Sri Somkartik Shukla, learned counsel for the petitioner in writ petition no.971 (SS) of 2008 and learned Standing Counsel.
(2.) WITH the consent of learned counsel for the parties as common question and facts are involved in the above two writ petition as such both are heard together and disposed of by common judgment. Brief Facts of Writ Petition No.3876(MS) of 2007 The brief facts as arises out of Writ Petition No.3876(MS) of 2007 are that in the city of Lucknow there is an institution known as Janta Inter College, Alambagh, Lucknow (hereinafter referred as institution), which is governed by the provisions of U.P. Intermediate Education Act, 1921 and the Regulation framed therein as well as by the Payment of Salary Act, 1978 and Secondary Education Service Selection Board, 1982.
(3.) ONE Sri Shiv Shanker Lal Sharma working as Assistant Teacher (L.T.Grade) in the institution was placed under suspension by order dated 30.4.2007 passed by Manager of the Institution along-with suspension order a charge-sheet was also served to the petitioner on the same day. Thereafter, the suspension order was forwarded to the District Inspector of School, Lucknow for approval, however, the same had not been approved within the period of 60 days as provided under Section 16 (G) 7 of the U.P. Intermediate Education Act, 1921, further by order dated 24.7.2007 passed by the District Inspector of Schools, Lucknow, the same had been disapproved hence the present writ petition has been filed by the Committee of Management of the institution thereby challenging the order dated 24.7.2007 passed by the District Inspector of School, Lucknow. On 6.8.2007 this Court was pleased to pass the following interim order:- "Till the date of next listing, implementation and operation of the impugned order dated 24.7.2007 passed by opposite party no.3, as contained in Annexure no.1, to the writ petition shall remain stayed." ;