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ASHWANI KUMAR MISHRA
Committee of Management, S. M. National Inter College – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Ashwani Kumar Mishra, J.
1. This petition is by the minority institution challenging an order of the District Inspector of Schools, Ghazipur dated 16.3.2021 disapproving the proposed suspension of private respondent as also the orders dated 28.1.2021 and 22.2.2021, which direct payment of salary to be released to the private respondent. The order disapproving the suspension dated 16.3.2021 records that the Manager of the institution had placed the private respondent under suspension on 31.12.2020, whereas the resolution of the Managing Committee to place him under suspension was passed on 3.1.2021. The Inspector, therefore, has observed that on the date of passing of the order of suspension there was no valid resolution by the Managing Committee and, therefore, the order of Manager was without jurisdiction.
2. The aforesaid order is assailed on various grounds. It is urged that being a minority institution the Inspector has no authority to disapprove the resolution for placing private respondent under suspension as the right of minority institution to manage its affairs are infringed. Reliance is placed upon a judgment of this Court in C/M Clancy Intermediate College vs. St
The main legal point established in the judgment is that the District Inspector of Schools has no jurisdiction to interfere with the power of administration of a minority institution in taking discip....
Suspension orders without prior approval from the Director of Education lapse after 15 days, ensuring employee protection under the Delhi School Education Act.
The District Inspector of Schools must evaluate charges on a prima facie basis without delving into their validity; procedural adherence is critical in suspension cases under the U.P. Intermediate Ed....
The approval of a suspension order without a charge sheet and without affording the employee an opportunity to be heard violates principles of natural justice.
The main legal point established in the judgment is that a minority institution is governed by some provisions of the Act and Rules, and the prior approval from the competent authority for terminatio....
Suspensions must receive prior approval under the Delhi School Education Act within 15 days; otherwise, they lapse and cannot be revived by retrospective approval.
Minorities Educational Institution - Establishment and administration of - Minority Educational Institutions under Article 30(1) of Constitution of India have a right to appoint teaching staff includ....
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