Nov - High Court of Judicature at Allahabad

3 All] Rishikesh Lal Srivastava V.State of U.P. and others 1049
passed by the Regional Deputy
Director shall be final. In case the
order under appeal was passed by the
very person holding the office of
Regional Deputy Director while
acting as Inspector, the appeal shall
be transferred by order of the
Director to some other Regional
Deputy Director for decision, and the
provisions of this clause shall apply
in relation to decision by that other
Regional Deputy Director as if the
appeal had been preferred to
himself."
Further Section 15 of the U.P.
Secondary Education Laws (Amendment)
Act, 1975 (Act No. 26 of 1975) amended
Section 16 G of the Act. Same reads as
follows:
15. Amendment of Section 16 G.-- In
Section 16 G of the principal Act -
(i) in the marginal heading for the words
"conditions of service of teachers"
the words "conditions of service of
Head of Institutions, teachers and
other employees" shall be
substituted;
(ii) in sub-section (2), in clause (a), for
the words "including suspension
pending enquiry", the words and
brackets "(including suspension
pending or in contemplation of
enquiry or during the pendency of
investigation, enquiry or trial in
criminal case for an offence
involving moral turpitude)" shall be
substituted;
(iii) for sub-section (5), the following
sub-sections and Explanation shall be
substituted, namely:-
"(5) No Head of Institution or teacher
shall be suspended by the
Management, unless in the opinion
of the Management-
(a) the charges against him are serious
enough to merit his dismissal,
removal or reduction in rank; or
(b) his continuance in office is likely to
hamper or prejudice the conduct of
disciplinary proceedings against him;
or
(c) any criminal case for an offence
involving moral turpitude against
him is under investigation, enquiry or
trial.
(6) Where any Head of Institution or
teacher is suspended by the
Committee of Management, it shall
be reported to the Instructor within
thirty days from the date of the
commencement of the Uttar Pradesh
Secondary Education Laws
(Amendment) Act, 1975, in case the
order of suspension was passed
before such commencement, and
within seven days from the date of
the order of suspension in any other
case, and the report shall contain
such particular as may be prescribed
and be accompanied by all relevant
documents.
(7) No such order of suspension shall,
unless approved in writing by the
Inspector, remain in force for more
than sixty days from the date of
commencement of the Uttar Pradesh
Secondary Education Laws
(Amendment) Act, 1975 or as the
case may be from the date of such
order and the order of the Inspector
shall be final and shall not be
questioned in any Court.
(8) If, at any time, the Inspector is
satisfied that disciplinary
proceedings against the Head of
Institution or teacher or being