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M.P. Gupta v. Union Of India Thru' Secy. Home Affairs, New Delhi & Ors. - SPECIAL APPEAL No. 39 of 2005 [2005] RD-AH 247 (25 January 2005)


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Court No. 32

Special Appeal No. 39 of 2005

Dhanraj Singh           Vs.          Prem Narayan Singh and others


Hon'ble S.Rafat Alam A.C.J.

Hon'ble Vikram Nath J.

This appeal has been preferred against the order of the learned single Judge dated 13.12.2004 in Writ Petition No. 50193 of 2004.

We have heard Sri Vidya Bhushan Srivastava, learned counsel for the appellant and Sri R.N.Singh, learned counsel for the respondent no.1.

The writ petitioner who is arrayed as respondent no.1 in this appeal was the senior most teacher of the institution. However, it appears that there was a dispute in respect of Committee of Management of that institution which is under challenge in Writ Petition No. 56480 of 2003 and an interim order has been granted by this Court by virtue of which, the Committee of Management(respondent no.2) was functioning. However, that writ petition was dismissed in default on 07.07.2004 and the application for restoration was filed on 09.07.2004. That petition was restored on 06.08.2004 and the interim order was restored. During this period of one month i.e. from 07.07.2004 to 06.08.2004 the appellant suspended the writ petitioner (respondent no.1) vide order dated 30.07.2004 which was also approved by the District Inspector of Schools, on 02.08.2004. However, after restoration of the writ petition, the respondent no.2 which is functioning as Committee of Management of that institution has revoked the order of suspension by resolutation dated 15.08.2004.           The learned single Judge having heard learned counsel for the parties  relying on the judgment of Hon'ble Apex Court in case of  Nand Deo Pandey Vs. Committees of Management and others reported in AIR 1991 S.C.Page 413 disposed of the writ Petition with the direction that the order of suspension of the writ petitioner cannot be sustained and therefore, quashed the same. It was further provided by the learned Single Judge that after the decision in writ petition No.56480 of 2003 it will be open for the Committee of Management which is held entitled to function, to pass any resolution.

Admittedly, the Committee of Management which is managing the institution vide resolution dated 15.08.2004 has revoked the suspension of respondent no.1 and the Committee of Management of the appellant who was not entitled to manage the institution, because of the interim order of this Court could not have passed the order suspending the writ petitioner respondent no.1.Therefore, we are of the view that there was no fault in the order of the learned single Judge.

The appeal is accordingly dismissed.




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