High Court of Judicature at Allahabad
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Suresh Chandra And Another v. State Of U.P. And Others - WRIT - A No. 33479 of 2007  RD-AH 12958 (26 July 2007)
Hon'ble Ashok Bhushan, J.
Sri Alok Dwivedi appears for the respondent no. 3. Learned standing counsel appears for respondents No. 1 and 2. Respondent No. 3 is allowed two weeks' time to file counter affidavit. Rejoinder affidavit may be filed within two weeks thereafter.
List on expiry of aforesaid period.
Learned counsel for the petitioner contends that the District Inspector of Schools by the impugned order has stayed the punishment awarded to the respondent no. 3 dismissing him from service. Learned counsel for the respondent no. 3 submitted that the petitioner has dismissed the respondent No. 3 without taking approval of the District Inspector of Schools and the question as to whether the approval is required has already been referred to larger Bench by referring order dated 27.3.2007 passed in writ petition No.19101 of 1999 (Rishikesh Lal Srivastava Vs. State of Uttar Pradesh & others reported in (2007) 2 UPLBEC 1398.
Learned counsel for the petitioner lastly contended that the respondent no. 3 was suspended by the Committee of Management which suspension was also approved on 5.7.2005 and the suspension was continuing till the decision was taken for dismissing him from service. In accordance with the order of the District Inspector of Schools, directing for staying the dismissal of the respondent No. 3, the affect of the said order is that the respondent no. 3 shall be continued under suspension. It is thus provided that the respondent no. 3 during the pendency of the writ petition shall be paid the suspension allowance only. Learned counsel for the petitioner submitted that on account of non payment of salary to respondent no. 3, the salary of entire staff of the College has been stopped. It is made clear that the respondent no. 3 being entitled only to suspension allowance, the salary of entire staff be not stopped on account of above.
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