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1995 Supreme(All) 267

R.A.SHARMA, G.P.MATHUR, D.K.SETH
CHANDRA BHUSHAN MISRA – Appellant
Versus
D I O S DAORIA – Respondent


Advocates Appeared:
R.N.Singh, S.N.SHUKLA,

R. A. SHARMA, J.

A Division Beach of this Court has referred the following two questions for decision by the Full Bench :

(1) Whether the order of suspension of Principal or a teacher of an Intermediate College, if not approved by the District Inspector of Schools within sixty days from the date of such order, lapses or it merely ceases to operate and become effective after it is approved by the Inspector ?

(2) Whether writ petition challenging an order of the D. I. O, S. passed under Section 16-G (7) of the Act becomes infructuous and no relief can be granted even if the order of the D. I. O. S. is found to be bad ?

2. Section 16-G of U. P. Intermediate Education Act, 1921 (hereinafter referred to as the Act) deals with the conditions of service of head of institu tions, teachers and other employees of the Intermediate Colleges. Its sub sections (5), (6), (7) and (8), which provide for suspension of head of institu tion or a teacher of such institution arc as under :

"16-G: (5) No Head of Institution or teacher shall be suspended by the management, unless in the opinion of the management-

(a) the charges against him are serious enough to merit his dis missal, removal or reduction in ra

















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