Disposed

Surya Narayan Mishra v. State of U.P. and 4 Ors.

Allahabad HC7 Aug 2018SPLA/696/2018

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What is this about?

Special Appeal examined the validity of a suspension order passed by a school Manager against an appellant-petitioner. The High Court directed the appellant to agitate the matter before the District Inspector of Schools regarding the Manager's competency and the duration of suspension.

What did the court decide?

Appellant directed to submit representation to District Inspector of Schools, Mirzapur by 13 August 2018 with opportunity of personal hearing.

Surya Narayan Mishra Vs State of U.P. and 4 Ors. — Service and Employment | Allahabad HC (2018)

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Court No. - 21

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Case :- SPECIAL APPEAL No. - 696 of 2018

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Appellant :- Surya Narayan Mishra Respondent :- State Of U.P. And 4 Ors. Counsel for Appellant :- Siddharth Khare,Ashok Khare Counsel for Respondent :- C.S.C.,Jay Ram Pandey

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Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.

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This appeal is before us to examine the correctness of the order dated 06.07.2018 passed by learned Single Bench affirming the order of suspension dated 06.06.2018 said to be passed by the Manager, Sri Devta Prasad Uchchattar Madhyamik Vidyalay, Dramandganj, Mirzapur. The allegation against the appellant-petitioner while questioning correctness of the order placing the appellant-petitioner under suspension is that the Manager of the Institution is not competent to place the appellantpetitioner under suspension in light of the provisions of Section 16 (G) (5) of the U.P. Intermediate Education Act, 1921. It is further brought to our notice that in light of clause 7 of Section 16 (G) the order of suspension cannot remain in currency without having any approval from the competent authority. It is asserted that learned Single Bench failed to appreciate the fact that the Manager, if, has passed the order of suspension then that is absolutely incompetent as that could have been passed only by the Committee of Management.

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Having considered all the arguments advanced, we deem it appropriate to dispose of this appeal by keeping the appellant-petitioner at liberty to agitate cause before the District Inspector of Schools, Mirzapur by submitting a detailed representation with all available grounds including the issue relating to competency of the Manager and also with regard to continuation of the order of suspension beyond 60 days without having any approval.

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If the appellant-petitioner submits representation before the District Inspector of Schools, Mirzapur by 13 August, 2018, same shall be considered and decided by the authority concerned by speaking and reasoned order on or before 20.08.2018. An opportunity of personal hearing be also accorded to the parties affected, if demanded.

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It is made clear that dismissal of the petition for writ by learned Single

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Bench shall be having no adverse effect while considering contentions raised by the appellant-petitioner before the District Inspector of Schools, Mirzapur.

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With the aforesaid direction and observation, the present Special Appeal is disposed of.

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Order Date :- 7.8.2018

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Asha

Surya Narayan Mishra v. State of U.P. and 4 Ors.

Case brief

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Surya Narayan Mishra v. State of U.P. and 4 Ors.

Case brief

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