C.K.PRASAD, J. - (1.) THE learned Single Judge while hearing this petition on 21.3.2007 and finding conflicting views between the two Division Bench judgments of this Court in the case of 2000(1) UPLBEC 707 and 2006(3) ESC 1765 (All), referred, under Rule 6 Chapter VIII of the Allahabad High Court Rules, the following questions for determination by a larger Bench: (i) Whether prior approval for awarding punishment of dismissal to a Class- IV employee is contemplated and required under Chapter-III, Regulation 31 of U.P. Intermediate Education Act, 1921 ? (ii) Which of the Division Bench judgments, as noticed above, lays down the correct law ?
(2.) IN the light thereof, the case was posted for consideration before a Division Bench on 12.08.2009 which, finding conflict between the judgments rendered by the two Division Benches as referred in the order of the learned Single Judge, directed the matter to be heard by a larger Bench and accordingly the matter has come up before us for consideration. The facts lie in a narrow compass. Petitioner - Rishikesh Lal Srivastava is a class IV employee working in Intermediate College, Vedupar in the district of Kushi Nagar (hereinafter referred to as ''the College'). While he was in service, the Principal of the College by order dated 5th of July 1994 dismissed him from service and aggrieved by the same, he filed Writ Petition No. 473 of 1996 (Rishikesh Lal Srivastava vs. State of U.P. & others) before this Court inter alia praying for a direction to the District Inspector of Schools to pay salary. This Court directed the District Inspector of Schools to examine his case and in the light thereof, the District Inspector of Schools passed order dated 21st of April 1998 for payment of his salary. The Committee of Management of the College challenged the said order of the District Inspector of Schools by filing another writ petition and the same was disposed off with a direction to the District Inspector of Schools to record reasons as to whether the service of the said employee was legally terminated, whether approval of the District Inspector of Schools was required for such termination and whether in fact approval was granted or not. In the light of the aforesaid direction, the District Inspector of Schools passed order dated 28th of July 1998 and upheld the order of removal of the petitioner from service. It is this order of the District Inspector of Schools, which has been challenged in Civil Misc. Writ Petition No. 19101 of 1999 (Rishikesh Lal Srivastava vs. State of U.P. & others).
(3.) CHANDRA Bali, a class IV employee of Seth Ganga Ram Jaiswal Inter College, Baraut, Allahabad, aggrieved by the order of termination passed by the Principal of the College, represented before the District Inspector of Schools, Allahabad who disapproved his dismissal by order dated 12th of May 2003 inter alia observing that before terminating his service, prior approval under Regulation 31 of Chapter III framed under the U.P. Intermediate Education Act, 1921 was not obtained. The Principal of the College aggrieved by the same has preferred Civil Misc. Writ Petition No. 21965 of 2003 (The Principal, Seth Ganga Ram Jaisawal Inter College, Baraut, Allahabad vs. The District Inspector of Schools, Allahabad and others).;