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C/M CH. JAWAHAR SINGH INTER COLLEGE, SUTIYANI & ANOTHER versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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C/M Ch. Jawahar Singh Inter College, Sutiyani & Another v. State Of U.P. & Others - WRIT - C No. - 48330 of 2007 [2007] RD-AH 16419 (8 October 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 AT ALLAHABAD

Court No. 33

Civil Misc. Writ Petition No. 48330 of 2007

Committee of Management Jawahar

Singh College & another

Versus

State of U.P. and others

Hon'ble V.K. Shukla,J.

Civil Misc. Writ Petition No. 13686 of 2007 has been filed on behalf an incumbent claiming himself to be member of the General Body, and on presentation of writ petition Director of Education was asked to decide the dispute by means of reasoned speaking order. Pursuant to the same Nathu Ram Yadav claiming himself to be ex-President represented before the Direction of Education, and Director of Education on the same representation being moved on 10.04.2007 asked for para-wise comments and thereafter when said parawise comments has been submitted on 24.05.2007 an order has been passed on 10.09.2007 mentioning therein that in on charge nos. 6, 7 and 10 are made out and rest of the charges cannot be sustained as such decision is taken to initiate proceedings under Section 16-D of U.P. Act No. II of 1921.

Sri Y.K. Saxena contended with vehemence that once reply in question has been submitted then said reply ought to have been examined in its correct prospective and by ignoring the said reply opinion cannot be formed.

Sri Ramesh Upadhyaya, Advocate, appearing on behalf of caveator contended that merely primafacie has been satisfaction recorded by the Director of Education (Secondary) and Notice under Section 16-D(2) of U.P. Act No. II of 1921 has been issued to the petitioner on 28.09.2007 and petitioner shall submit reply to the same, instead of rushing to this Court.

Order dated 10.09.2007 passed by Director of Education (Secondary) mentions that charge nos. 6, 7 and 10 is made out against the Committee of Management of the institution and for this action under Section 16-D has to be undertaken. Full fledged procedure has been provided as per which proceedings under Section 16-D is to be undertaken as per said provision at the first instance Director of Education (Secondary) is empowered to issue direction under Section 16-D(2) of U.P. Act No. II of 1921 and in case there is non-compliance of the order under Section 16-D(2) then opportunity has to be provided under Section 16-D(3) of the Act and after recording satisfaction that ground exists then action is to be taken. In this background as far as decision dated 10.09.2007 is concerned same has to be treated as provisional preliminary inquiry and based on the same action has to be taken but by following proceeding provided for under Section 16-(D) (2) and 16-D(3) of the Act is to be taken.

In these circumstances, once notice dated 28.09.2007 has been issued under Section 16-D (2) then proceeding has to be taken in accordance with law and any observation which has been made in the order dated 10.09.2007 would not come in the way of the petitioner and subsequent proceedings would be undertaken after providing opportunity and considering reply, if any submitted by petitioner. Whatever decision is taken same would be independent decision.

With the above direction present writ petition is disposed of.

08.10.2007

Dhruv


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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