Chief Justice's Court Case :- SPECIAL APPEAL No. - 30 of 2010 Petitioner :- C/M Dr. Anoop Lal Bansal Balika Inter College, Lal Kunwa Respondent :- State Of U.P. Through Secy. Dept. Of Education And Others Petitioner Counsel :- Anoop Trivedi Respondent Counsel :- C.S.C.,J.J. Munir Hon'ble Chandramauli Kumar Prasad,Chief Justice Hon'ble Arun Tandon,J.
Respondent no.3-appellant, aggrieved by order dated 15.12.2009
passed by a learned Single Judge in Civil Misc. Writ Petition
No.67045 of 2009, has preferred this special appeal under Rule 5
Chapter VIII of the Allahabad High Court Rules.
Writ petitioner-respondent no.8 filed writ application for quashing
the orders dated 14.9.2009, 29.10.2009 and 12.11.2009. The order
dated 14.9.2009 is an order by which she was put under
suspension. The orders dated 29.10.2009 and 12.11.2009 are the
orders passed by the District Inspector of Schools, whereby order
of suspension of the writ petitioner was approved. The District
Inspector of Schools, vide order dated 12.12.2009 had withdrawn
the orders dated 29.10.2009 and 12.11.2009 during the pendency
of the writ application.
In view of the aforesaid, the learned Single Judge observed that the
writ petitioner cannot be treated to be under suspension for the
time being, as the order of suspension cannot be said to be
approved by the District Inspector of Schools within stipulated
time in writing within the requirement of Section 16-A (7) of the
Intermediate Education Act.
We do not find any error in the same.
However, this will not preclude the appellant to challenge the
order dated 12.12.2009 passed by the District Inspector of Schools,
whereby he had withdrawn the orders dated 29.10.2009 and
12.11.2009 in an appropriate proceeding.
Accordingly, the appeal stands dismissed with the observations
aforesaid.
Order Date :- 1.2.2010
RKK/-
(Arun Tandon, J) (C.K. Prasad, CJ)