Disposed

Committee of Management Shri Ram Rashtriya Inter College v. Ram Bachan Chauhan and 3 Others

Allahabad HC2 Dec 2021SPLA/286/2021

Case brief

AI extract

What is this about?

Court disposed of a special appeal challenging an interim order regarding an inquiry against a suspended teacher. The court directed service of show cause notice and inquiry report, issuance of reply time, and stayed further contempt proceedings pending the competent authority's decision under the Act.

What did the court decide?

Service of notice and inquiry report directed; opportunity for reply granted; contempt proceedings stayed pending inquiry outcome.

Committee of Management Shri Ram Rashtriya Inter… — Service and Employment | Allahabad HC (2021)

¶1

Court No. - 3 Case :- SPECIAL APPEAL No. - 286 of 2021 Appellant :- Committee Of Management Shri Ram Rashtriya Inter College Respondent :- Ram Bachan Chauhan And 3 Others Counsel for Appellant :- Adarsh Singh,Indra Raj Singh,Kamal Kumar Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Singh,Hritudhwaj Pratap Sahi,Mritunjay Tiwari

¶2

Hon'ble Surya Prakash Kesarwani,J. Hon'ble Syed Aftab Husain Rizvi,J.

¶3

Heard Sri H.N. Singh, learned Senior Advocate, for the respondent-appellant, Sri G.K. Singh, Senior Advocate, assisted by Sri Ashok Kumar Singh, Advocate, for the respondent no.1, Sri B.P. Singh Kachhawah, learned counsel for the respondent nos. 2 and 3 and Sri Mritunjay Tiwari, learned counsel for the respondent no.4.

¶4

This special appeal has been filed, challenging the interim order dated 19.07.2021 passed by the learned Single Judge in Writ-A No. 1463 of 2021 (Ram Bachan Chauhan Versus State of U.P. and 2 others).

¶5

According to the learned counsel for the respondent-appellant, inquiry against the petitioner-respondent no.1 has already been concluded and the same has been forwarded to the concerned authority for approval under Section 21 of the U.P. Secondary Education Services Selection Board Act, 1982 (hereinafter referred to as the 'Act 1982').

¶6

Learned counsel for the respondent no.4 has stated on instructions that the notices have been issued by the respondent no.4 to the petitioner-respondent no.1 on 04.10.2021 followed by a reminder dated 01.12.2021 and the petitionerrespondent no.1 has not submitted any reply to the show cause notice. Therefore, the result the proceeding for grant of approval under Section 21 of the Act, 1982 is still pending.

¶7

Learned counsel for the petitioner-respondent no.1 submits that from copy of the notice as produced by the respondent no.4, it appears that the respondent no.4 is sending the notice at the address of the college, whereas the petitioner being suspended Assistant Teacher has not been allowed by the respondentappellant herein to enter into the college and, thus, the petitioner-respondent no.1 has not yet got information of the notice, alleged to have been issued by the respondent no.4.

¶8

Be that as it may, since the petitioner-respondent no.1 is appearing in this appeal through counsel, therefore, we direct him to appear before the respondent no.4 on 14.12.2021 at 11.00 A.M. and the respondent no.4 shall serve upon him a copy of the show cause notice along with a copy of the inquiry report on the same day. The petitioner-respondent no.1 shall submit reply before the competent authority within in next two weeks. The competent authority shall take an appropriate decision in accordance with law under Section 21 of the Act,

¶9

1982 within next two weeks, after affording reasonable opportunity of hearing to all the parties concerned.

¶10

In view of the above and without expressing any opinion on merits of the case of the appellant, the special appeal is disposed off with the aforesaid directions.

¶11

For a period of six weeks or till the decision is taken by the competent authority under Section 21 of the Act, 1982, whichever is earlier, the contempt proceedings for the alleged breach of the impugned interim order of the writ court, shall not be proceeded in terms of the interim order passed in this Special Appeal on 26.10.2021.

¶12

Order Date :- 2.12.2021 T.S.

Committee of Management Shri Ram Rashtriya Inter College v. Ram Bachan Chauhan and 3 Others

Case brief

What is this about?

What did the court decide?

Committee of Management Shri Ram Rashtriya Inter College v. Ram Bachan Chauhan and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Amit Rastogi Vs Jitendra Kumar

Smt Pragya Dixit Vs State of U.P. and 2 Others

Harish Tyagi Vs State of U.P. and 4 Others

Kapheel Ahmad Vs State of U.P. and 6 Others

Saraswati Trust and Another Vs Uttar Pradesh State Electricity Corporation Limited and 2 Others

Mohammad Shakir Ali Vs State of U.P. and 2 Others