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Allahabad High Court · body

1985 DIGILAW 193 (ALL)

Faiyyaz Husain v. Chairman, Basic Education Board

1985-02-14

K.N.GOYAL

body1985
JUDGMENT K.N. Goyal, J. - Admit. 2. Notice has been taken by Sri J. Bhalla on behalf of opposite parties. 3. As only a short point is involved I proceed to dispose of the petition finally. 4. The Petitioner was Head-Master of a Basic School. He was punished on 7.4.78 and reverted as Assistant teacher. An appeal was preferred by him Under Rule 5 of the U.P. Basic Education Employees Rules 1973. Under these rules an appeal against punishment lies to the Chairman of the Basic Shiksha Parishad. According to the Petitioner the appeal was addressed by him to the Chairman though copies thereof were endorsed to the District Basic Shiksha Adhikari and also to the Secretary of the Parishad. He further says that a number of hearings had taken place and some correspondence had also caused between the Parishad and the District Basic Shiksha Adhikari, whose comments had also been called for. After several years had passed the appellate authority has rejected the appeal on 22.10.84 on the technical ground that the appeal had not been properly addressed to the Chairman but had been forwarded to the District Basic Shiksha Adhikari with a copy to the Secretary of the Parishad. 5. The mere forwarding of copies of the appeal to the District Basic Shiksha Adhikari and to the Secretary of the Parishad can not vitiate the appeal if it was properly addressed to the Chairman. The Chairman has taken a hyper-technical view of the matter. Even if there was any flaw in the wordings of the appeal which gave the impression to him that the appeal was not properly addressed to him he could have got the same rectified by the Petitioner. If the appeal had already been before the Chairman for several years' it should have been treated as properly addressed appeal and should not have been thrown out on such technical ground. The impugned order dated 22.10.84 cannot thus be sustained and it is necessary to send back the appeal for decision on merits by the Chairman. 6. In the result the writ petition is allowed and the order dated 22.10.84, Annexure-3, is hereby quashed. The Chairman of the Basic Shiksha Parishad shall now decide the appeal afresh in accordance with law. As the matter is quite old it is expected that the appeal shall be decided expeditiously.