High Court of Judicature at Allahabad
Case Law Search
C/M Sri Gandhi Vidyalaya Junior High Schools Thru' Manager v. State Of U.P. & Others - SPECIAL APPEAL No. - 1314 of 2007  RD-AH 16136 (1 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD.
Special Appeal No. 1314 of 2007.
1. Committee of Management, Sri Gandhi Vidyalaya
Junior High School, Tundla, District Firozabad
through its Manager-Pawan Kapoor .......Appellants.
1. State of U.P., through Secretary, Basic Education,
U.P. Government, Lucknow.
2. Director of Education (Basic), U.P. Government,
3. District Basic Education Officer, Firozabad.
4. Kishun Lal, s/o Late Sri Ram Singh, r/o
Mohalla Kothi Aitmadpur, District Agra.
Counsel for the Appellant : Mr. S.K. Mishra
Counsel for the Respondents : Ms. Rashmi Tripathi
Mr. G.C. Upadhyaya
Hon'ble H.L. Gokhale, CJ.
Hon'ble Anjani Kumar, J.
Date : October 1, 2007
Oral Judgement (Per : H.L. Gokhale, CJ)
1. Heard Mr. S. K. Mishra in support of this appeal, Sri G.C. Upadhyaya, learned Standing Counsel appears for respondents no. 1, 2 and 3 and Ms. Rashmi Tripathi, learned counsel appears for respondent no.4.
2. The appeal is admitted.
3. The respondent no. 4 was working as a clerk in the appellant's institution. There were serious allegations in the functioning of the respondent no.4, which included tampering with the record of the employees and misbehaving with girls student. After an enquiry, those charges were held to be proved and the respondent no. 4 was directed to be dismissed from service.
4. The respondent no. 4 filed a writ petition before this Court. An interim order has been passed by learned single Judge granting the stay of the order passed against the respondent no.4.
5. Mr. Mishra, learned counsel for the appellant submits that in the facts of this case, no such stay was warranted. He further submits that in the matter of dismissal, unless there are strong circumstances, no such interim order shall be passed.
6. Ms. Tripathi justified the interim order. She, however submitted that the writ petition may at least be admitted, because the formal order has not been passed as yet. Mr. Mishra has no objection to the admission of the writ petition.
7. We accept the submission of Mr. Mishra that in facts of this case, the interim order was not called for at all.
8. In the result, the appeal is allowed. The order passed by learned single Judge is set aside. We, however direct that the writ petition be treated as admitted. The same will be heard in normal course. The appellant herein may file their counter affidavit to the writ petition, whereafter the respondent no.4 herein may apply to the concerned learned single Judge for early hearing of the writ petition.
Date : 01.10.2007.
Double Click on any word for its dictionary meaning or to get reference material on it.