Rakesh Kumar Mishra Vs State of U.P. Thru. Addl. Chief Secy. Secondary Education, Lucknow and Others — Allahabad HC (2024) — LawSathi Research

Rakesh Kumar Mishra Vs State of U.P. Thru. Addl. Chief Secy. Secondary Education, Lucknow and Others — Allahabad HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Direction to respondent no. 3 (District Inspector of Schools) to take a final decision in accordance with law after hearing all parties concerned within two weeks from receipt of a certified copy of the order, provided there is no legal impediment; emoluments payable to the petitioner to continue to be paid by the Committee of Management until approval of the dismissal order.

Issue for consideration

Whether the dismissal orders dated 16.09.2024/18.09.2024 passed by respondent no. 4 against the petitioner could come into force without approval by the District Inspector of Schools under Section 16 (G) (3) (a) of the Uttar Pradesh Intermediate Act, 1921, and what final decision the competent authority should take.

Court's answer

Under the provisions of the Uttar Pradesh Intermediate Act, 1921, the dismissal order passed by respondent no. 4 would only come into force after approval by the competent authority, i.e. the District Inspector of Schools.

Ratio / Principle

The writ petition was disposed of with a direction to the competent authority, respondent no. 3 (District Inspector of Schools), to take a final decision in the matter in accordance with law after hearing all the parties concerned within a period of two weeks from receipt of a certified copy of the order, provided there is no legal impediment.

Key takeaways

As recorded in the order, till the dismissal order is approved by the District Inspector of Schools, whatever emoluments are payable to the petitioner would continue to be paid by the Committee of Management.obiter¶12

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Order dated 16.10.2024, Abdul Moin, J. — WRIT - A No. 9198 of 2024 (Neutral Citation 2024:AHC-LKO:69510). Petitioner Rakesh Kumar Mishra challenged dismissal orders dated 16.09.2024/18.09.2024 passed by respondent no. 4. On the preliminary objection invoking Section 16 (G) (3) (a) of the Uttar Pradesh Intermediate Act, 1921, the Court held that the dismissal order would come into force only after approval by the competent authority, the District Inspector of Schools (respondent no. 3), who had already called the petitioner and the Committee of Management for 18.10.2024. Writ petition disposed of with direction to respondent no. 3 to take a final decision in accordance with law after hearing all parties concerned within two weeks of receipt of a certified copy, provided there is no legal impediment; till such approval, emoluments payable to the petitioner to continue to be paid by the Committee of Management.

Neutral Citation No. - 2024:AHC-LKO:69510

Court No. - 5

Case :- WRIT - A No. - 9198 of 2024 Petitioner :- Rakesh Kumar Mishra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education, Lucknow And Others

Counsel for Petitioner :- Pt. S. Chandra Counsel for Respondent :- C.S.C.,Aakash Rai,Anand Kumar Sharma,Raj Kr Singh Suryvanshi,Vaibhav Sharma

Hon'ble Abdul Moin,J.

Heard Sri Pt. S. Chandra, learned counsel for the petitioner, Sri Vivek Shukla, learned Additional Chief Standing counsel appearing on behalf of the respondents no. 1 to 3 and Sri Vaibhav Sharma, learned counsel for the respondents no. 4 & 6 and Sri Raj Kumar Singh Suryvanshi, learned counsel for the respondent no. 5.

Counter affidavit filed today in Court by Sri Vaibhav Sharma, learned counsel for the respondents no. 4 & 6 is taken on record to which rejoinder affidavit has also been by the learned counsel for the petitioner is also taken on record.

Under challenge is the dismissal orders dated 16.09.2024/18.09.2024 passed by the respondent no. 4, a copy of which is annexure 1 to the writ petition.

A preliminary objection has been taken by learned Additional Chief Standing counsel that considering the provisions of Section 16 (G) (3) (a) of the Uttar Pradesh Intermediate Act, 1921, the dismissal order would only come into effect once it is approved by the District Inspector of Schools.

Sri Vaibhav Sharma, learned counsel for the respondents no. 4 & 6 also states that the competent authority i.e District Inspector of Schools, the respondent no.3 has called the petitioner along with the members of the Committee of Management in his office on 18.10.2024 for the said purpose.

Considering the aforesaid more particularly the provisions of the Act, 1921 and that the dismissal order would only come into force after the approval of the competent authority i.e District Inspector of Schools, the present writ petition is disposed of with the direction to the competent authority i.e the respondent no. 3 to take a final decision in the matter in accordance with law after hearing all the parties concerned within a period of two weeks from the date of receipt of a certified copy of this order provided there is no legal impediment.

Sri Vaibhav Sharma, learned counsel for the respondents no. 4 & 6 also points out that as in terms of the Act, 1921, the dismissal order would only come into force after it being approved by the District Inspector of Schools consequently, till such time whatever emoluments are payable to the petitioner would continue to be paid by the Committee of Management.

Order Date :- 16.10.2024 Pachhere/-

Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench