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Bhrigunath Singh v. The State Of U.P. And Others - WRIT - A No. 24384 of 2007 [2007] RD-AH 9871 (23 May 2007)


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Court No.39

Civil Misc. Writ Petition No. 24384 of 2007

Bhrigunath Singh


State of U.P. and others

Hon'ble V.K. Shukla, J

Petitioner claims to have been serving in a recognized Junior High School known as Nikumb Vidyapeeth Junior High School, Bakaval, District Mau. Petitioner submits that his services had been illegally dispensed with, and he had been pursuing his remedy and ultimately on 15.04.2006, termination order dated 16.02.19900 was quashed, and  Managing Committee of the institution was directed to consider the explanation of petitioner dated 12.12.1980 as contained in Annexure-5 to the writ petition, and pass appropriate order in accordance with the provisions of School Rules. Petitioner submits that thereafter, Managing Committee of the institution has passed order on 15.10.2006. Petitioner submits that entire proceedings which culminated into order dated 15.10.2006 are exparte. Petitioner submits that he had been pursuing his contempt application and on 29.03.2007, contempt court observed that order has been substantially complied with, as such no further action can be taken in the contempt proceeding. It has also been mentioned therein that there may be some defects in the order of Committee of Management as pleaded by petitioner, but illegality of the said order cannot be examined in the contempt proceedings.

Thereafter, petitioner has filed present writ petition, requesting that the decision dated 15.10.2006 passed by Committee of Management of the institution concerned be quashed, and further for issuing a writ in the nature of mandamus commanding respondent No. 2 to dispose of the petitioner's representation dated 30.04.2007.

In the facts and circumstances of the present case, order of dismissal has been quashed by U.P. Public Services Tribunal and pursuant to directives issued by the said Tribunal, Committee of Management of the institution has taken decision, validity of the same can be examined by the District Basic Education Officer, as it is specific case of petitioner that the institution in question is duly recognized institution. The order of punishment passed against petitioner is to be accorded approval by the District Basic Education Officer under U.P. Recognized Basic School (Junior High School Recruitment and Conditions of Service of Teachers) Rules, 1978. In these circumstances and in this background, liberty is given to petitioner to represent his case before the District Basic Education Officer, Mau, along with a certified copy of this order, and in the event of being so approached, District Basic Education Officer, Mau shall proceed to examine the claim of petitioner and validity of the decision taken by the Committee of Management, after affording opportunity of hearing to petitioner as well as Management, and take appropriate decision in accordance with law, within three months from the date of receipt of representation made by petitioner along with a certified copy of this order.    

Subject to observations made above, writ petition is dismissed.








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