Committee of Management Sri Surya Narayan Purva Madhyamik Vidyalaya v. Avneesh Kumar Rai and 2 Others

Allahabad HC18 Sept 2024SPLA/271/2024

Case brief

AI extract

What is this about?

Able to decide nothing. The Court adjourned the matter to allow the respondent to provide instructions regarding the status of a disciplinary proceeding communicated by the institution's management.

What the court decided

AI extract

Committee of Management Sri Surya Narayan Purva… — Service and Employment | Allahabad HC (2024)

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Court No. - 29

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Case :- SPECIAL APPEAL No. - 271 of 2024

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Appellant :- Committee Of Management Sri Surya Narayan Purva Madhyamik Vidyalaya Respondent :- Avneesh Kumar Rai And 2 Others Counsel for Appellant :- Ram Sevak Yadav,Vishakha Pande Counsel for Respondent :- C.S.C.,Samarath Singh

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Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J.

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Heard Sri Rakesh Pande, learned Senior Advocate assisted by Sri Ram Sevak Yadav, learned counsel for the appellant; Sri Fuzail Ahmad Ansari, learned Standing Counsel for the State respondents and Sri V.K. Singh, learned Senior Advocate assisted by Sri Samarath Singh, learned counsel for the respondent-petitioner.

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Committee of Management, Sri Surya Narayan Purva Madhyamik Vidyalaya, Pindara, District Varanasi, through its Manager Shri Rajnikant Rai is before this Court assailing the validity of the order dated 28.2.2024 passed in Writ A No.2418 of 2022 (Avneesh Kumar Rai vs. State of UP and 2 others).

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It appears from the record that the petitioner was working as Head Master in Sri Surya Narayan Purva Madhyamik Vidyalaya Pindara Varanasi and he was placed under suspension vide order dated 19.09.2019. The District Basic Education Officer, Varanasi vide order dated 20.07.2020 had informed that since the suspension order had not been approved by the office of the District Basic Education Officer, the order of suspension had become ineffective in view of the amended Rule 15 (1) of Uttar Pradesh Recognized Basic Schools (Junior High Schools) Recruitment of Teachers Rules, 1978. The said order was challenged by the management of the institution in Writ A No.7974 of 2020, which was allowed by this Court on 02.12.2020 and after setting aside the order dated 20.07.2020 passed by the District Basic Education Officer disapproving the suspension order, the matter was remitted back to the District Basic Education Officer to decide the same in accordance with law. Thereafter, the respondent-petitioner filed Writ A No.2418 of 2022 on the ground that the District Basic Education Officer did not pass any order subsequent to the passing of the aforesaid order dated 02.12.2020 passed in Writ A No.7974 of 2020 and the petitioner was not permitted to join in the institution in question by the Committee of Management. Finally, learned Single Judge had disposed of the

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writ petition on 28.02.2024 with direction to the petitioner to join the services as Officiating Head Master and for that he shall appear before the Manager of the concerned institution on 01.3.2024.

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Precise case has been set up by the management that the impugned order has been obtained by the respondent-petitioner by concealing the material facts as the services of the petitioner have been terminated by the Committee of Management of the institution. It is also pressed before us that the Manager of the institution vide communication dated 14.09.2022 has already forwarded the enquiry report alongwith requisite recommendation to the District Basic Education Officer, Varanasi for approval.

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Even though the parties have set up their case on merits but before proceeding further in the matter we find it appropriate to direct learned counsel for the respondents to get appropriate instructions in the matter qua the fate of the disciplinary proceeding, which is adequately informed by the Committee of Management of the institution vide communication dated 14.09.2022.

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On the request of Sri Fuzail Ahmad Ansari, learned Standing Counsel the matter is adjourned.

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Put up this matter again as fresh on 02.09.2024.

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Order Date :- 6.8.2024 RKP

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Digitally signed by :- RAKESH KUMAR PATEL High Court of Judicature at Allahabad

Committee of Management Sri Surya Narayan Purva Madhyamik Vidyalaya v. Avneesh Kumar Rai and 2 Others

Case brief

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Committee of Management Sri Surya Narayan Purva Madhyamik Vidyalaya v. Avneesh Kumar Rai and 2 Others

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