Dr. Komal Singh Vs. District Inspector of Schools and ors.

Dr. Komal Singh vs District Inspector of Schools and ors.

Type Court Judgment Court Allahabad Decided Nov 08, 1996

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Citation: sooperkanoon.com/481697
Court: Allahabad High Court
Judge: M. Katju, J.
Decided On: Nov 08, 1996
Case Number: Civil Misc. Writ Petition No. 34299 of 1996
Subject: Service

Case Summary

AI-generated summary - not the official court judgment text.

Key legal issue: Service

Parties & Advocates

Appellant / Petitioner

Dr. Komal Singh

Advocate V.K. Shukla, Adv.

Respondent

District Inspector of Schools and ors.

Advocate S.C., ;P.N. Saxena and ;V.M. Zaidi, Advs.

Legal References

Reported In: (1997)1UPLBEC45

Excerpt

- .....principal of khalsa inter college, noorpur, district bijnor.3. it appears that the petitioner has been suspended by the committee of management by resolution dated 11-10-1996, annexure 16 to the petition. in my opinion, without going into the validity or otherwise of the suspension order, it will be expedient that the enquiry itfelf should be completed within a reasonable period. learned counsels for the parties agreed that the enquiry should be conducted by the deputy director of education (madhyamik), moradabad. i direct that the parties shall appear before the said authority alongwith certified copy of this order on 2-12-1996 and no separate notices will be issued to them by the deputy director of education. on that date the parties will also file their representations annexing copies of any material which they wish to rely on after serving copies of them to the parties concerned. copy of the charge-sheet has been filed alongwith the counter-affidavit. the petitioner may file reply to the charge-sheet before the deputy director of education on the date filed, i.e. on 2-12-1996. the deputy director of education will fix a date and within two weeks thereafter, i.e. by 16-12-1996 and he shall summon all the relevant records from the concerned authority.4. since the petitioner has a grievance that the committee of management is biased against him, i direct that the enquiry shall be held by the deputy director of education himself which shall be completed latest by 15-1-1997. the deputy director of education will pass a speaking order dealing with the contentions of the respective parties. if the petitioner is exonerated in the enquiry he may make a representation to the d.i.o.s. regarding his claim to be reinstated as ad hoc principal, and the same shall be decided within 2 months thereafter in accordance with law after hearing the parties concerned. with there observations the petition is finally disposed off.

Full Judgment

M. Katju, J.

1. Heard Sri V. K. Shukla for the petitioner, Sri P.N. Saxena for the Committee of Management and Sri V. M. Zaidi for the respondent No. 3.

2. The petitioner has challenged the impugned order dated 19-10-1996, Annexure 19 to the petition. By this order the District Inspector of Schools attested the signature of Sri Dalveer Singh as officiating Principal of Khalsa Inter College, Noorpur, District Bijnor.

3. It appears that the petitioner has been suspended by the Committee of Management by resolution dated 11-10-1996, Annexure 16 to the petition. In my opinion, without going into the validity or otherwise of the suspension order, it will be expedient that the enquiry itfelf should be completed within a reasonable period. Learned counsels for the parties agreed that the enquiry should be conducted by the Deputy Director of Education (Madhyamik), Moradabad. I direct that the parties shall appear before the said authority alongwith certified copy of this order on 2-12-1996 and no separate notices will be issued to them by the Deputy Director of Education. On that date the parties will also file their representations annexing copies of any material which they wish to rely on after serving copies of them to the parties concerned. Copy of the charge-sheet has been filed alongwith the counter-affidavit. The petitioner may file reply to the charge-sheet before the Deputy Director of Education on the date filed, i.e. on 2-12-1996. The Deputy Director of Education will fix a date and within two weeks thereafter, i.e. by 16-12-1996 and he shall summon all the relevant records from the concerned authority.

4. Since the petitioner has a grievance that the Committee of Management is biased against him, I direct that the enquiry shall be held by the Deputy Director of Education himself which shall be completed latest by 15-1-1997. The Deputy Director of Education will pass a speaking order dealing with the contentions of the respective parties. If the petitioner is exonerated in the enquiry he may make a representation to the D.I.O.S. regarding his claim to be reinstated as ad hoc principal, and the same shall be decided within 2 months thereafter in accordance with law after hearing the parties concerned. With there observations the petition is finally disposed off.

Same Court & Year Allahabad · 1996 Same Parties Dr. Komal Singh vs District Inspector of Schools and ors. Same Subject Service Same Judge M. Katju, J.

Service