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2016 DIGILAW 427 (ALL)

Suresh Chandra Dubey v. State of U. P.

2016-02-03

D.Y.CHANDRACHUD, YASHWANT VARMA

body2016
JUDGMENT Yashwant Varma, J. The special appeal has arisen from an interlocutory order of the learned Single Judge dated 23 December 2015 in Writ-A No.63079 of 2015. 2. The writ petition has been instituted by the fifth, sixth and seventh respondents. The educational institution in question, is Sri Girja Shanker Tiwari Inter College, Neebhapur, District Jaunpur. The seventh respondent is a Lecturer in the institution, while the appellant is officiating as a Principal since 6 August 2014. A vacancy is stated to have arisen in the office of Principal on or about 30 June 2014. On 28 June 2014, the District Inspector of Schools, issued a direction to allow the seventh respondent to officiate as Principal. The seventh respondent was suspended and was subjected to a disciplinary enquiry. During the pendency of those proceedings, the appellant was appointed to officiate as Principal. The seventh respondent was exonerated in the disciplinary enquiry and was ordered to be reinstated. On 15 June 2015 and 26 June 2015, the State Government passed orders cancelling the appointment granted to the seventh respondent on a compassionate basis in 1998. The seventh respondent challenged the orders of the State Government in a writ petition on the ground that they were passed without issuing a notice to show cause and granting to him an opportunity of being heard. The learned Single Judge stayed the operation of the orders of the State Government on 20 July 2015. In a special appeal (Suresh Chandra Dubey Vs State of Uttar Pradesh & Ors., Special Appeal Defective No.708 of 2015), a Division Bench of this Court on 26 October 2015, confirmed the interlocutory order of the learned Single Judge. 3. In the meantime on 3 October 2015, an order was passed by the District Inspector of Schools holding that no approval could be granted to the seventh respondent to function as officiating Principal. This order dated 3 October 2015 together with an order of the District Inspector of Schools dated 6 August 2014 approving the appointment of the appellant as officiating Principal and an order dated 29 April 2015 of the District Inspector of Schools for the payment of salary to the appellant were questioned by the fifth, sixth and seventh respondents in writ proceedings. The learned Single Judge has stayed the operation of all three orders on 23 December 2015, which has given rise to the filing of the present special appeal. 4. Basically, two writ petitions are pending on the file of the learned Single Judge: (i) Writ-A No.38537 of 2015 (Sarvesh Chandra Dwivedi Vs State of Uttar Pradesh & Ors.); and (ii) Writ-A No.63079 of 2015 (Committee of Management Shri Girja Shanker Tiwari Inter College & Ors. Vs State of Uttar Pradesh & Ors.). 5. During the course of the hearing of the present special appeal, we had indicated to the learned counsel that it would be in the interest of justice, if both sets of writ petitions which are pending on the file of the learned Single Judge are taken up for final disposal at this stage by the Division Bench and are disposed of by leaving it open to the Director of Education to pass a fresh order in accordance with law. 6. The issue as to whether the appellant or the seventh respondent should be permitted to function as officiating Principal would have to be resolved on the basis of the ultimate decision of the Director of Education. Hence, by consent, we have called Writ-A No.38537 of 2015 (Sarvesh Chandra Dwivedi Vs State of Uttar Pradesh & Ors.) for hearing together with the present special appeal. 7. Since the grievance of the seventh respondent is that the orders of the State Government dated 15 June 2015 and 26 June 2015 were passed without furnishing to the seventh respondent an opportunity of being heard and in breach of the principles of natural justice, those orders shall stand quashed and set aside. The proceedings shall now stand remanded to the Director of Education who shall, within a period of one month from the receipt of a certified copy of this order, make a fresh determination in accordance with law after hearing. 8. Writ-A No.63079 of 2015 pending before the learned Single Judge shall similarly stand disposed of by quashing and setting aside the order of the District Inspector of Schools, Jaunpur dated 3 October 2015. The District Inspector of Schools shall abide by the final result of the proceedings which are pending before the Director of Education and pass consequential orders upon receipt of the final orders thereon. 9. The District Inspector of Schools shall abide by the final result of the proceedings which are pending before the Director of Education and pass consequential orders upon receipt of the final orders thereon. 9. In the meantime, we direct that since the appellant is continuing as officiating Principal since 6 August 2014, he shall continue to function in the same capacity, subject to the outcome of the proceedings before the Director of Education. We clarify that this direction is issued to ensure that the ensuing Board examinations are conducted without any difficulty and shall not amount to any expression of opinion on the merits of the grievance. 10. On the request of the learned counsel appearing on behalf of the appellant, Writ-A No.36831 of 2014 (Suresh Chandra Dubey Vs State of Uttar Pradesh & Ors.) shall also stand disposed of since nothing further will survive in these proceedings. 11. We clarify that all the rights and contentions are kept open and anything contained in this order shall not amount to any expression of opinion on the merits of the rival cases. 12. In consequence, the orders dated 6 August 2014 passed by the District Inspector of Schools and the order dated 29 April 2015 of the District Inspector of Schools, shall also stand quashed and set aside, subject to the final result of the ultimate decision to be taken by the Director of Education. 13. The special appeal is, accordingly, disposed of. There shall be no order as to costs. 14. A copy of this order be placed in Writ-A No.36831 of 2014, Writ-A No.38537 of 2015 and Writ-A No.63079 of 2015.