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Iftekhar Ahmad v. State Of U.P. And Others - WRIT - A No. 27830 of 2007 [2007] RD-AH 10640 (20 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).


Hon. Dilip Gupta, J.

The petitioner is aggrieved by the order dated 12th June, 2007 passed by the Administrator, R.D.M. Shia Inter College, Jaunpur placing the petitioner under suspension as he surrendered before the Court on 23rd May, 2007 pursuant to the lodging of the First Information Report against the petitioner on 29th August, 2006. The petitioner was granted bail by the District and Sessions Judge, Jaunpur on 25th May, 2007 and he was released from Jail on 28th May, 2007.

The contention of the learned counsel for the petitioner is that the petitioner joined on 29th May, 2007 and continued working till 12th June, 2007 on which date he was suspended by the Administrator. He contended that the suspension order was bad in law as it could not have been passed after he was released from Jail.

Sri Pradeep Upadhyay, learned counsel appearing for the Committee of Management respondent no. 5 states that the petitioner had been suspended as prior to 12th June, 2007 the petitioner had not intimated that he had been lodged in Jail.

In any view of the matter, in view of the Full Bench decision of this Court in Chandra Shekhar Saxena Vs. Director of Education (Basic), Lucknow & Anr, 1997 (2) AWC 839, this petition is disposed of with a direction that in the event the petitioner files a representation before the Committee of Management, the same shall be decided in accordance with law expeditiously preferably within a period of three weeks from the date the representation  is filed along with the certified copy of this order.




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