Disposed

Dr Sanjay Kumar Mishra v. State of U.P. and 3 Others

Allahabad HC6 Sept 2024WRIA/10508/2024

Case brief

AI extract

What is this about?

Petitioner, a suspended teacher/officiating Principal, sought compliance with a prior court direction mandating his continuation in charge. The court directed the District Inspector of Schools to permit the petitioner to officiate as Principal pending final orders.

What did the court decide?

Direction to the District Inspector of Schools to ensure the petitioner is permitted to officiate as Principal of the Institution pending the final order in pursuance of the direction given in the ord

Dr Sanjay Kumar Mishra vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:145359

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Court No. - 9

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Case :- WRIT - A No. - 10508 of 2024

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Petitioner :- Dr Sanjay Kumar Mishra Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C.

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Hon'ble Rohit Ranjan Agarwal,J.

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The petitioner before this Court being the senior most teacher in the institution known as Shri Mata Prasad Bhikh Inter College, Ghantaghar, Mirzapur (hereinafter referred to as "Institution) was officiating as the Principal of the Institution since 2014 after approval of the District Inspector of Schools. The Committee of Management suspended the petitioner and passed an order of reversion. The suspension order was disapproved by the District Inspector of Schools.

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Thereafter, reversion order was challenged by the petitioner and the Committee of Management challenged the order of disapproval of suspension before this Court through Writ-A No.15009 of 2023 and Writ-A No.15932 of 2023. Both the matters were heard and decided together by the coordinate Bench of this Court on 22.09.2023 wherein the order passed by District Inspector of Schools on 22.08.2023, disapproving the suspension, was set aside and the matter was remitted back for decision afresh. The Court further on the statement made by the counsel for Committee of Management directed that the petitioner was to continue as Principal in the institution in question.

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Pursuant to the direction of the writ Court, the District Inspector of Schools proceeded to pass the order dated 12.02.2024 and directed for special audit from financial year 2014-15 to 2022-23.

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Pursuant to this direction, the Committee of Management is not permitting the petitioner to function as an Officiating Principal nor his salary for the post of Officiating Principal is being released.

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According to learned senior counsel appearing for the petitioner, there is no order of District Inspector of Schools stopping functioning of the petitioner as an Officiating Principal in the institution. He contends that an undertaking has been given by counsel for Committee of Management before this Court on 22.09.2023 that till the matter is decided by the District Inspector of Schools, the petitioner shall continue to officiate as Principal in the Institution.

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After hearing counsel for the petitioner as well as learned Standing Counsel for respondents No.1 to 3, this Court finds that no notice is required to be sent to respondent No.4 at this stage and a direction is issued that the District Inspector of Schools, the second respondent, shall ensure that the order passed by writ Court on 22.09.2023 is complied with and the petitioner is permitted to officiate as Principal of the Institution till the final order is passed by him in pursuance of the direction as given in the order dated 22.09.2023.

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With the aforesaid observation, the writ petition stands disposed of .

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Order Date :- 6.9.2024 Kushal

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Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad

Dr Sanjay Kumar Mishra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Dr Sanjay Kumar Mishra v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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