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2023 Supreme(All) 363

MAHESH CHANDRA TRIPATHI, J. J. MUNIR
Committee of Management, Madarsa Masdarul Uloom Asdaqiya – Appellant
Versus
Arshad Javed Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Sankalp Narain, Advocate holding brief of Mr. H.P. Sahi, Advocate
For the Respondent:Mr. H.N. Singh, Senior Advocate assisted by Mr. Syed Fahim Ahmed, Advocate and the Standing Counsel

JUDGMENT :

This is a respondents' appeal, arising out of a judgment of the learned Single Judge in Writ-A No. 10967 of 2022, allowing the writ petition.

2. Heard Mr. Sankalp Narain, learned Counsel for the respondent-appellants, Mr. H.N. Singh, learned Senior Advocate assisted by Mr. Syed Fahim Ahmad, learned Counsel appearing for the writ petitioner-respondent and the learned Standing Counsel appearing on behalf of respondent Nos. 2 and 3.

3. Admittedly, the writ petitioner was an assistant teacher with appellant No.1, a Madarsa governed by the provisions of the Uttar Pradesh Board of Madarsa Education Act, 2004 (for short, 'the Act of 2004'). He taught in the primary section of the Madarsa called, 'the Tahtaniya'. Some complaints were made against him, of which the appellants took cognizance and proceeded to hold disciplinary proceedings against the writ petitioner-respondent. The Inquiry Committee, that was constituted, submitted its report dated June 25, 2021. Taking the findings of the Inquiry Committee into account, the appellants passed the impugned order dated July 11, 2021, terminating the writ petitioner-respondent's services.

4. Aggrieved by that order, the writ petitioner-r

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