V.K.Shukla,J. - (1.) COMMITTEE of Management Sri Thakur Malkhan Singh Inter College, Hasauna Jagmohanpur, district Aligarh through its Manager and Principal has filed present writ petition questioning the validity of the decision dated 21.04.2009 taken by District Inspector of Schools allowing the appeal and directing reinstatement of Suresh Babu, (Daftary) with full back wages. Brief background of the case is that in the District of Aligarh there is an institution know as Sri Thakur Malkhan Singh Inter College, Hasauna Jagmohanpur, district Aligarh. Said institution is duly recognized under the provision as contained under U.P. Act No. II of 1921 and the provisions of U.P. High Schools & Intermediate Colleges (Payment of Salary to Teachers and other Employees) Act 1971 are fully applicable to the said institution. In the said institution Suresh Babu was functioning as Daftary and he was placed under suspension on 28.10.2006. Said suspension was disapproved by the District Inspector of Schools on 02.01.2007. Against the said order Principal of the institution preferred Civil Misc. Writ Petition No. 3382 of 2007 and this Court asked the District Inspector of Schools to hear the matter and passed fresh order. Again on 24.08.2007 suspension was disapproved and Suresh Babu was reinstated back and thereafter disciplinary proceedings were undertaken and decision was taken to dispense with the services of Suresh Babu. Against the said order Suresh Babu preferred Appeal on 14.07.2008. In the said appeal various dates were fixed and it appears that Principal of the institution was not cooperating in the matter and thereafter District Inspector of Schools has proceeded to pass order on 21.04.2009. At this juncture present writ petition has been filed. Learned counsel for the petitioner Sri S.K.Singh, contended with vehemence that in the present case District Inspector of Schools has totally misused its authority by passing illegal and totally unwarranted order, as such writ petition deserves to be allowed. Countering said submission, learned Standing counsel as well as Sri V.K.Singh advocate contended that rightful view has been taken in the matter and no interference be made. After respective arguments have been advanced factual position which is emerging in the present case is that District Inspector of Schools has totally misdirected himself by disapproving resolution of dispensation of service on the ground that when order has been passed by District Inspector of Schools disapproving the said suspension, as such disciplinary proceedings could not have been undertaken. View taken by District Inspector of Schools is totally uncalled for, inasmuch as suspension and disciplinary proceedings cannot be co-related with each other for the simple reason that during the pendency of disciplinary proceeding suspension order can be passed and the order of disapproving the said suspension will have no effect on the authority of disciplinary proceedings to undertake disciplinary proceedings. Disciplinary proceedings can be undertaken even in the absence of suspension order and disapproval of the suspension order at the best would mean that there is no order of suspension. Consequently, in the fact of the case order passed by District Inspector of Schools, Aligarh cannot be subscribed, and as such same is hereby quashed. Matter is remitted back to District Inspector of Schools, Aligarh for being decided afresh preferably within next eight weeks from the date of presentation of certified copy of this order. Manager or his nominee, Principal and Suresh Babu, Daftari shall present themselves before the District Inspector of Schools on 15.06.2009 and thereafter without grant of unnecessary adjournment to the parties matter shall be decided afresh. In case any one of the parties fail to appear before District Inspector of Schools then District Inspector of Schools shall be free to decide the matter independently on the basis of material available on record. In term of the observations made above, present writ petition is allowed.;