Case :- WRIT – A No. – 11726 of 2020
Petitioner :- Prem Kishore Sharma
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain
Counsel for Respondent :- C.S.C.
Hon’ble Yashwant Varma,J.
Learned Standing Counsel appearing for the respondents 1 to 3 prays for and is granted six weeks’ time to file a Counter Affidavit. List thereafter.
Notice shall issue to the fourth respondent returnable within the same period.
The show cause notice is impugned on the ground of a patent lack of jurisdiction vesting either in District Inspector of Schools or for that matter the District Magistrate to undertake an enquiry in respect of the working of an employee in an Intermediate institution. It is submitted that it is the Committee of Management which alone exercises disciplinary control over employees and that no provision confers authority on either the D.I.O.S. or the District Magistrate to initiate proceedings independently in light of the Intermediate Education Act, 1921 constructing a complete and exhaustive code in that respect.
Matter requires consideration.
Till the next date of listing, there shall be stay of the impugned notices dated 17.06.2020, 24.06.2020, 22.09.2020, 1.10.2020 and 5.10.2020.
Order Date :- 14.12.2020
Arun K. Singh
