High Court of Judicature at Allahabad
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C/M, Gautam Inter Mediate College Thru' Manager A.N. Mishra v. State Of U.P. Thru' Principal Secry'Education & Others - SPECIAL APPEAL No. 768 of 2007  RD-AH 10350 (4 June 2007)
Special Appeal No. 768 of 2007
The Committee of Management, Gautam Intermediate College, Pipra Ramdhar, Salempur, Deoria through its Manager Anand Narayan Mishra ...Appellant
State of U.P. Through the Principal Secretary, Secondary Education, Govt. of U.P. at Lucknow and others
Heard learned counsel for the appellant.
We do not find least error in the impugned judgment passed by the Hon'ble Single Judge. In the penultimate paragraph the Hon'ble Single Judge clearly held that under the provisions of Section 16-E(10) of the U.P. Intermediate Education Act 1921, Director of Education has got the authority to cancel the appointment (including transfer), if it is proved that provisions of the Act were contravened. It has further been held that power can be exercised either suo motu or on complaint. Learned counsel for the petitioner states that Anand Narayan Mishra alleged Manager of petitioner's Committee of management has filed the complaint in June 2005. Petitioner may file a fresh complaint annexing therewith copy of the judgment of learned Single Judge dated 11.4.2007. Learned counsel for the petitioner requests that a time frame may be fixed for decision of the complaint. As the matter of transfer is quite old i.e. of 1981 hence at this stage we do not consider it appropriate to fix any time frame. However, it is expected that Director will decide the matter expeditiously.
With these observations this Special appeal is dismissed.
Office is directed to place a copy of this judgment before the hon'ble Single Judge who decided the writ petition for his Lordship's perusal.
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