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2000 Supreme(All) 208

N. K. MITRA, M. KATJU
PRINCIPAL, RASTRIYA INTER COLLEGE, MAHRAJGANJ – Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS, MAHRAJGANJ – Respondent


Advocates Appeared:
K.Ajit, SURESH CHANDRA DWIVEDI

M. KATJU, J.

( 1 ) THIS Special Appeal has been filed against the impugned Judgment of the learned single Judge dated 10. 9. 1999. We have carefully perused the said judgment and find no infirmity in the same.

( 2 ) THE respondent No. 3 in this appeal was a Daftary (peon) in the Rastriya Inter College, Bali nichlaul. district Mahrajganj and he was dismissed by the Principal by order dated 8. 7. 1999 but the said order was disapproved by the District Inspector of Schools by his order dated 23/28. 8. 1999. Against that order of the District Inspector of Schools, the appellant filed a writ petition in this Court which was dismissed by the impugned judgment of the learned single judge.

( 3 ) THE short question in this case is whether prior approval/ permission from the District inspector of Schools is necessary before dismissing a Class IV employee.

( 4 ) A learned single Judge of this Court (Honble Alok Chakrabarti, J.) in Daya Shanker Tewari v. Principal and others, 1998 (2) UPLBEC 1101, has held that such prior approval is necessary. The learned single Judge has gone into the matter in great detail and has examined the relevant provisions in the U. P. Intermediate Education Act as w





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