Case : WRIT A No. 909 of 2020
Petitioner : C/M Janta Inter College And Another
Respondent : State Of U.P. And 3 Others
Counsel for Petitioner : J.P.N. Singh
Counsel for Respondent : C.S.C.,Arvind Srivastava Iii
Hon’ble Surya Prakash Kesarwani,J.
- Heard the learned counsel for the petitioner, learned standing
counsel for the State respondents and the learned counsel for the
respondent no. 4.
- Briefly stated facts of the present case are that the respondent no.
4 is an Officiating Principal in Janta Inter College, Ahmadpur, Brahman,
Saharanpur. From the averments made in paragraphs 4 & 5 of the writ
petition, it appears that there are two rival groups in Committee of
Management. One such group is led by the petitioner no. 2. It appears
that a Writ-C No. 25966 of 2019 was filed by the Committee of
Management in which an order dated 13.9.2019 was passed by this
Court directing that the petitioners shall publish an election notification
forthwith announcing the election programme and the District Inspector
of Schools shall appoint an election observer whenever a demand is
made by the petitioner and the election shall be held as per election
- In the aforenoted facts, it appears that the petitioners issued
notices to the respondent No.4 dated 24.10.2019 and 24.10.2019
followed by reminders dated 11.11.2019 and 26.11.2019 making
allegations of misbehavior (indiscipline) and use of vulgar words against
the Manager. The respondent no. 4 submitted a reply dated 24.10.2019
denying the allegations and submitted that he made the request to the
specifically provides for an opportunity of hearing at the subsequent
stage to the Management by the District Inspector of Schools while
considering to revoke an order of suspension passed under sub-section
(7) when the Inspector is satisfied that the disciplinary proceedings
against the head of the Institution or teacher, is being delayed for no fault
of the head of the Institution or the teacher.
- Undisputedly, the respondent No.3 has neither required the
respondent No.4 to submit any objection nor any objection was
submitted by the respondent No.4 before the respondent No.3 and as
such in view of the law laid down by the Division Bench in the case of
the Managing Committee, Dayanand Inter College, Gorakhpur
(supra), the respondent No.4 has not committed any manifest error of
law to pass the impugned order without affording opportunity of hearing
to the Management and the respondent No.4.
- Learned counsel for the petitioners has not made any submission
on merits of the impugned order and confined his submissions only on
the point that the impugned order is violative of principles of natural
justice as it has been passed without affording opportunity of hearing.
His submission has been rejected by me for reasons stated in paragraphs
above. Therefore, I do not find any good reason to interfere with the
impugned order, in view of the position settled by the Division Bench of
this court in the case of the Managing Committee, Dayanand Inter
College, Gorakhpur (supra). However, to meet the ends of justice, it is
directed that the petitioners/ Competent Authority shall conclude the
disciplinary proceedings against the respondent No.4, in accordance with
law, expeditiously preferably within two months if not completed so far,
keeping in mind the time frame provided in Regulation 40.
- With the aforesaid directions, the writ petition is disposed off.