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C/M, GAUTAM INTER MEDIATE COLLEGE THRU' MANAGER A.N. MISHRA versus STATE OF U.P. THRU' PRINCIPAL SECRY'EDUCATION & OTHERS

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 [2007] RD-AH 10350 (4 June 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

(Court No.42)

Special Appeal No. 768 of 2007

The Committee of Management, Gautam Intermediate College, Pipra Ramdhar, Salempur, Deoria through its Manager Anand Narayan Mishra ...Appellant

vs.

State of U.P. Through the Principal Secretary, Secondary Education, Govt. of U.P. at Lucknow  and others

Hon.S.U.Khan,J.

Hon.Sudhir Agarwal,J.

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.

4.6.2007

RS/-


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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