Nov - High Court of Judicature at Allahabad

1046 INDIAN LAW REPORTS ALLAHABAD SERIES [2009
394], [(2003) 2 SCC 577], [(2005) 5 SCC 561],
[2002 (3) ESC 108]
(Delivered by Hon'ble C.K. Prasad, C.J.)
1. The learned Single Judge while
hearing this petition on 21.3.2007 and
finding conflicting views between the two
Division Bench judgments of this Court in
the case of 2000(1) UPLBEC 707 and
2006(3) ESC 1765 (All), referred, under
Rule 6 Chapter VIII of the Allahabad
High Court Rules, the following questions
for determination by a larger Bench:
(i) Whether prior approval for awarding
punishment of dismissal to a Class-
IV employee is contemplated and
required under Chapter-III,
Regulation 31 of U.P. Intermediate
Education Act, 1921
(ii) Which of the Division Bench
judgments, as noticed above, lays
down the correct law
2. In the light thereof, the case was
posted for consideration before a Division
Bench on 12.08.2009 which, finding
conflict between the judgments rendered
by the two Division Benches as referred
in the order of the learned Single Judge,
directed the matter to be heard by a larger
Bench and accordingly the matter has
come up before us for consideration.
3. The facts lie in a narrow compass.
Petitioner - Rishikesh Lal Srivastava is a
class IV employee working in
Intermediate College, Vedupar in the
district of Kushi Nagar (hereinafter
referred to as ''the College'). While he was
in service, the Principal of the College by
order dated 5th of July 1994 dismissed
him from service and aggrieved by the
same, he filed Writ Petition No. 473 of
1996 (Rishikesh Lal Srivastava vs. State
of U.P. & others) before this Court inter
alia praying for a direction to the District
Inspector of Schools to pay salary. This
Court directed the District Inspector of
Schools to examine his case and in the
light thereof, the District Inspector of
Schools passed order dated 21 st of April
1998 for payment of his salary. The
Committee of Management of the College
challenged the said order of the District
Inspector of Schools by filing another writ
petition and the same was disposed off
with a direction to the District Inspector
of Schools to record reasons as to whether
the service of the said employee was
legally terminated, whether approval of
the District Inspector of Schools was
required for such termination and whether
in fact approval was granted or not. In the
light of the aforesaid direction, the
District Inspector of Schools passed order
dated 28th of July 1998 and upheld the
order of removal of the petitioner from
service. It is this order of the District
Inspector of Schools, which has been
challenged in Civil Misc. Writ Petition
No. 19101 of 1999 (Rishikesh Lal
Srivastava vs. State of U.P. & others).
4. Chandra Bali, a class IV
employee of Seth Ganga Ram Jaiswal
Inter College, Baraut, Allahabad,
aggrieved by the order of termination
passed by the Principal of the College,
represented before the District Inspector
of Schools, Allahabad who disapproved
his dismissal by order dated 12th of May
2003 inter alia observing that before
terminating his service, prior approval
under Regulation 31 of Chapter III framed
under the U.P. Intermediate Education
Act, 1921 was not obtained. The Principal
of the College aggrieved by the same has