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IN THE HIGH COURT OF ALLAHABAD
R. K. Agrawal, J.
RAVINDRA SINGH RATHORE - Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS - Respondents
C. M. W. P. 39472 Of 2003
Decided On : 09/26/2003
Principal - Employment Dispute - U. P. Intermediate Education Act, 1921, Uttar Pradesh High School and Intermediate (Payment of Salaries to the Teachers and Other Employees) Act, 1971, U. P. Secondary Education services and Selection Boards Act, 1982 - The court dismissed all the writ petitions related to the employment dispute of the Principal in Mahatma Gandhi Sainik Inter College, Pachaya Gaon, Etawah. The court held that the disciplinary proceedings against the Principal could not be continued after his retirement as there was no provision for it in the relevant rules and acts.
Fact of the Case:
The case involved six writ petitions related to the employment dispute of the Principal in Mahatma Gandhi Sainik Inter College, Pachaya Gaon, Etawah. The Principal sought writs, orders, or directions to restrain interference in his functioning and for payment of regular salary. The Committee of Management and others sought writs to quash orders related to the suspension and dismissal of the Principal.
Finding of the Court:
The court found that the disciplinary proceedings against the Principal could not be continued after his retirement as there was no provision for it in the relevant rules and acts. The court dismissed all the writ petitions.
Issues: The main issue was whether the disciplinary proceedings against the Principal could be continued after his retirement.
Ratio Decidendi: The court held that the disciplinary proceedings could not be continued after the Principal's retirement as there was no provision for it in the relevant rules and acts.
Final Decision: The court dismissed all the writ petitions, and the parties were ordered to bear their own costs.
( 1 ) ALL the six writ petitions relate to the same person holding the post of Principal in Mahatma gandhi Sainik Inter College, Pachaya Gaon, Etawah and, therefore, they have been heard together and are being disposed of by a common judgment.
( 2 ) WRIT Petition No. 16905 of 2000 has been filed by Ravindra Singh Rathore seeking a writ, order or direction restraining the respondents from interfering in the functioning of the petitioner as the officiating/ad hoc Principal of the Mahatma Gandhi Sainik Inter College, Pachaya Gaon, etawah. A further relief has been prayed by him for directing the respondents to pay his regular monthly salary on the post of Principal including the arrears of salary from February, 2000.
( 3 ) WRIT Petition No. 34715 of 2000 has been filed by the Committee of Management, Mahatma gandhi Sainik Inter College, Pachaya Gaon, Etawah and the Manager, Rajeshwari Devi and Baij nath Yadav, Principal of the said college seeking a writ, order or direction in the nature of certiorari quashing the order dated 1st August, 2000, passed by the District Inspector of Schools, etawah, filed as Annexure-18 to the writ petition, and also a writ of mandamus directing the respondent No. 1 to pass a fresh order on merit on the proposal of suspension of Ravindra Singh rathore, respondent No. 2, submitted by them and not to interfere with the functioning of the college till the conclusion of the enquiry as also of the functioning of the officiating Principal. By means of the order dated 1. 8. 2000, the District Inspector of Schools, Etawah, had rejected the representation made by the Committee of Management regarding attestation of signature of Sri baij Nath Yadav, the next seniormost teacher in the college, in place of Sri Ravindra Singh rathore.
( 4 ) WRIT Petition No. 2967 of 2001 has been filed by Ravindra Singh Rathore seeking a writ, order or direction in the nature of certiorari quashing the order dated 8. 12. 2000, passed by the Manager of Mahatma Gandhi Sainik Inter College, Pachaya Gaon, Etawah, respondent No. 3, filed as annexure-19 to the writ petition as also a writ of mandamus commanding the respondents to pay the salary to the petitioner as well as the arrears of salary within the specific period and not to interfere in his working as ad hoc Principal of the college. By means of the order dated 8th december, 2000, the Manager of the college had placed the petitioner under suspension on certain charges.
( 5 ) WRIT Petition No. 19317 of 2001 has been filed by Ravindra Singh Rathore seeking a writ, order or direction in the nature of certiorari quashing the order dated 9th February, 2001, passed by the District Inspector of Schools, Etawah, respondent No. 1, filed as Annexure-21 to the writ petition, as also a writ of mandamus directing the respondents to disburse the arrears of salary within a specified time and to pay the regular monthly salary as also to fix the pensionary benefits with effect from 1st July, 2001 and other consequential reliefs. By means of the order dated 9th February, 2001, the District Inspector of Schools, Etawah had approved the order of suspension dated 8th December, 2000.
( 6 ) WRIT Petition No. 3396 of 2002 has been filed by Ravindra Singh Rathore seeking a writ, order or direction in the nature of certiorari quashing the notice dated 21st December, 2001, issued by the U. P. Secondary Education Services Selection Board, Allahabad, Annexure-11 to the writ petition, and all proceedings in pursuance thereto. He further seeks a writ, order or direction in the nature of mandamus commanding the respondents to forthwith fix the pension and to disburse the same and other retiral benefits including arrears of salary within a specified period.
( 7 ) WRIT Petition No. 39472 of 2003 has been filed by the Committee of Management, Mahatma gandhi Sainik Inter College, Pachaya Gaon, Etawah and its Manager seeking a writ, order or direction in the nature of certiorari quashing the orde
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