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2006 Supreme(SC) 718

S.B.SINHA, DALVEER BHANDARI
State Of Orissa – Appellant
Versus
Aswini Kumar Baliarsingh – Respondent


JUDGMENT

S.B. Sinha, J. — The respondent herein was appointed as an Assistant Teacher. The Inspector of Schools did not approve his appointment. A writ petition was filed by him, wherein by an order dated 3.9.1997 the High Court directed the Inspector of Schools to do so. The said order was carried into effect by posting him as Assistant Teacher in a school by an order dated 19.2.1999. He joined the said school. He acquired the qualification in May, 1999. He was removed from services on or about 27.5.2000 in terms of the Government Orders bearing No. 11667/SME dated 24.4.2000 and No. 13680/SME dated 11.5.2000 stating that he did not have the requisite qualification as on 7.6.1994. Indisputably, an original application has been filed by the respondent before the State Administrative Tribunal bearing No. 1678(C)/2000, which is pending. He also filed an application for initiating proceedings under Contempt of Courts Act before the High Court, inter alia, against the Inspector of Schools for alleged disobedience of the said order dated 3.9.1997. By reason of the impugned judgment, the High Court set aside the said order of the Inspector of Schools dated 27.5.2000 and directed the appe















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