Kapil Dev Misra S/S 9446/2006 vs Gram Shiksha Samiti Shahpur Thru ...
2022 Latest Caselaw 15288 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- SPECIAL APPEAL No. - 1036 of 2007
 
Appellant :- Kapil Dev Misra S/S 9446/2006 
 
Respondent :- Gram Shiksha Samiti Shahpur Thru Chairman And 3 Ors.
 
Counsel for Appellant :- Devendra Pratap Singh
 
Counsel for Respondent :- Nitin Srivastava,Vishal Verma
 

 
Hon'ble Devendra Kumar Upadhyaya,J.

Hon'ble Saurabh Srivastava,J.

This special appeal under Chapter VIII Rule 5 of the Rules of the Court challenges the judgment and order dated 22.11.2007 passed by learned Single Judge, whereby the Writ Petition No.5003 (SS) of 2007 and Writ Petition No.9446 of 2006 have been allowed and a direction has been issued by learned Single Judge to the official respondent to permit the petitioner- respondent no.1 to hold fresh selection for appointment to the post of Shiksha Mitra.

Learned Single Judge while allowing the writ petition has given a finding on the basis of the perusal of the original record which was produced before learned Single Judge that so far as renewal as Shiksha Mitra of the appellant- Kapil Dev Mishra is concerned, the same was not renewed by the Village Education Committee in its meeting held on 08.07.2006 for the Session 2006-2007 on the ground that certain complaints were received against him.

Learned Single judge has also arrived at a conclusion that allegations against Sri Kapil Dev Mishra were serious and as such the rejection of renewal of the term of Sri Kapil Dev Mishra appears to be correct.

Nothing contrary has been brought on record of this special appeal which may be even remotely challenge the finding recorded by the learned Single Judge in the judgment and order which is under appeal before this Court.

The special appeal, thus, lacks merits which is hereby dismissed.

Order Date :- 31.10.2022

N.PAL