AMRESHWAR PRATAP SAHI,J. - (1.) HEARD learned counsel for the petitioner and learned standing counsel for the respondents.
(2.) THE payment to the petitioner is dependent upon the out come of the report of the CBCID, which has been challenged in a 482 Cr. P.C. petition and is pending consideration before this Court. In this case, it is the admitted case of the petitioner that the charge sheet has been challenged and the same has been stayed by this Court. On such facts the order of the DIOS is required to be reviewed. The question of reviewing the claim of the petitioner is not within the power of the District Inspector of Schools inasmuch as no administrative authority has the power to review, keeping in view the law laid down by this Court in the case of 1967 AWC 123, 1928 AWC 40. The said decisions clearly lay down that review is permissible only on limited grounds, namely where there is fraud or misrepresentation. In this case, it is an admitted case of the petitioner that on account of the proceedings pending before this court, which have been stayed, that he is claiming review. In view of this, there is no ground available which may empower the District Inspector of Schools to have a look into the matter. If the petition under Section 482 Cr. P.C. is disposed of or any other is passed by the Court the petitioner can claim his rights, which shall be subject to any orders to be passed in future.
(3.) THE petition is misconceived at this stage and is accordingly dismissed.;