Document Fragment View

Matching Fragments

According to the writ petitioner, now on 26.06.2023, an order has been passed by the District Inspector of Schools, Baghpat, second respondent, whereby though the suspension of the writ petitioner has been disapproved by the District Inspector of Schools, Baghpat, but the writ petitioner has been directed to be posted in his parent post having lien being the post of Lecturer and made admissible to the benefits in this regard.

Questioning the order dated 26.06.2023, passed by the second respondent, District Inspector of Schools, Baghpat to the extent it strips off the writ petitioner to function as the Officiating Principal of Janta Inter College, Paladi, Baghpat and to reinstate him as Lecturer in Economics, the present writ petition has been filed. This Court entertained the writ petition on 31.07.2023, while passing the following orders :-

Confronted with the said situation, Sri Seemant Singh, learned counsel for the writ petitioner seeks time to study the matter.
Put up this case on 10.08.2023, as fresh.
In the meantime, Sri Ajeet Kumar Singh, learned Additional Chief Standing Counsel shall also examine the matter in the said aspect."

Sri Seemant Singh, learned counsel for the writ petitioner, while assailing the order dated 26.06.2023, passed by the second respondent, District Inspector of Schools, Baghpat has sought to contend that the order impugned insofar as it relates to reinstatement of the writ petitioner on the post of Lecturer in Economics and not on the post of Officiating Principal is patently illegal besides being without authority of law as the issue which was laid before the second respondent, District Inspector of Schools, Baghpat was a decision either to approve or disapprove the suspension of the writ petitioner. Thus, the second respondent, District Inspector of Schools, Baghpat has travelled beyond the authority and the scope within which it had to passed an order. He thus submits that even in fact the finding recorded in the order dated 26.06.2023 that there are serious charges as the inquiry is being conducted in this regard also suffers from complete misreading of the records, as even in fact it is the stand of the parties before this Court that already the inquiry has been concluded and there is a proposal for dispensing with the services of the writ petitioner, which has been sent to the Board on 28.07.2023. He thus submits that the part of the order insofar as it denies posting of the writ petitioner and making him admissible on the post of Officiating Principal be set aside.

Here, in the present case that though the District Inspector of Schools, Baghpat has noted the charges and the finding of the inquiry officer but he has consciously not recorded any finding on merits. The order in question, which is subject matter of challenge in the present petition, though revokes the suspension order but places the writ petitioner as Lecturer instead of an Officiating Principal.

A pointed query was raised upon the learned Standing Counsel as well as Sri Ashok Khare, who appears for the Committee of Management, as to under which provision of law, the District Inspector of Schools, Baghpat could have reduced the rank of the writ petitioner, which he was holding as an Officiating Principal, to which no specific provision has been pointed out. Even otherwise, this Court finds that when the matter was before the District Inspector of Schools, Baghpat for approval/disapproval of the suspension of the writ petitioner, then altering the rank of the writ petitioner as an Officiating Principal, while posting him as a Lecturer after revoking the suspension order was not justified in the eyes of law. Reliance has been placed upon the judgment in the case of Pramodini Agarwal vs. Regional Inspectress of Girls Schools and Ors. reported in 1994 (23) ALR 208 that District Inspector of Schools was not authorised to reduce the rank of the writ petitioner from an Officiating Principal to a lecturer.

(a) The order dated 26.06.2023, passed by the second respondent, District Inspector of Schools, Baghpat is set aside;
(b) The matter stands remitted back to the second respondent, District Inspector of Schools, Baghpat to revisit the entire issue and to pass a reasoned and a fresh order;
(c) Consequent to the remand, the District Inspector Schools, Baghpat shall fix 06.09.2023, as the date of hearing.
(d) On that date, the writ petitioner as well as the respondent nos.3 and 4 (Committee of Management) shall appear while furnishing their version in writing if they so choose;