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1982 DIGILAW 135 (ALL)

Bramh Dutt Sharma v. District Basic Education officer, Badaun

1982-02-01

B.N.SAPRU, D.AGARWALA

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JUDGMENT B.N. Sapru, J. - The petitioner was appointed as Head Master of Nagar Palika Primary Pathashala, Yojna, VI, Mohalla No. 2, Bilsi which was run by the Municipal Board, Bilsi. Thereafter, it appeared that the petitioner was served with a charge-sheet dated 25/27 8-1965 under the signature of the Chairman of the Education Committee and also placed under suspension. This was followed by a second charge-sheet dated 35-5-1966. According to the petitioner, an enquiry was conduct by the Chairman of the Education Committee who by its decision dated 21-12-1967 decided that no charges were made out against the petitioner. 2. The order, according to the petitioner, was not complied with by the Executive Officer. He continued under suspension. The petitioner, according to him, was not given any subsistence allowance. He, accordingly, filed a writ petition praying that a writ of mandamus be issued commanding the respondents to hand over the charge of Head Master to the petitioner and also to pay his salary and allowances since 21-8-1965 upto date. In the alternative, it was prayed that a writ of mandamus be issued directing the opposite-parties to decide the case forthwith any pay the petitioner his suspension allowance from 16-8-1965. 3. Under an interim order of this Court dated 19-5-1975 the respondents were directed to pay the suspension allowance to the petitioner in accordance with the rules. The learned counsel for the petitioner has stated that this allowance was paid to him. 4. In the counter-affidavit, the stand taken is that the Chairman of the Education Committee had no right to make any order in respect of the petitioner and the authority competent to decide the petitioners case was the District Basic Education Officer. We are informed by the learned counsel for the petitioner that, to this date, the District Basic Education Officer has not decided the petitioner s case. In the circumstances, a writ of mandamus is issued commanding the District Basic Education Officer, Budaun, the respondent no. 1, to decide forthwith the case of the petitioner, in any cate not later than six weeks, from the date of the service of this order upon him. A copy of this order may be given to the learned counsel for the petitioner within a week on payment of usual charges. There will be no order as to costs.