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1990 Supreme(All) 1101

G. K. MATHUR, S. D. AGARWALA
Ramesh Chandra Mishra – Appellant
Versus
U. P. Secondary Education Services Commission – Respondent


Advocates appeared:
Dr. R.G. Padia, Advocate, for the Petitioner; V.N. Singh, Advocate and S.C, for the Respondents

JUDGMENT

S.D. Agarwala and G.K. Mathur, JJ. - This is a petition under Article 226 of the Constitution of India. Counter-affidavits and rejoinder-affidavits have been exchanged. The parties had agreed that the petition itself may be disposed of at this stage

2. The petitioner, Raraesh Chandra Misra, is Principal of Basant Theosophical Uchatar Madhyamib Vidyalaya, Kamachha, Varanasi, hereinafter referred to as 'School'.

3. The petitioner was appointed as Principal of the school on 5th July, 1977. He was thereafter confirmed on the said post. The school is a recognised Higher Secondary School and is on the grants-in-aid list of the State Government.

4. On the basis of certain reports made by the audit and certain complaints received by the Management in regard to the admission of the students, the petitioner was suspended by the Management pending enquiry by an order dated 28th April, 1987. This order of suspension was revoked by the District Inspector of Schools by his order dated 18th June, 1987. The Management again passed second suspension order against the petitioner on 1st July, 1987. This suspension order was not approved by the District Inspector of Schools and it lapsed autom

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