DINESH MEHTA
Shamboo Singh S/o Shri Amar Singh – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. The instant writ petition has been preferred by the petitioner challenging the order dated 19.09.2024 issued by the District Education Officer (respondent no.3), whereby he has been placed under suspension.
2. Apprising the Court about the factual matrix, Mr. Mathur, learned counsel for the petitioner submitted that the petitioner, who is working as Teacher Grade-III is President of Secondary Teachers Association and therefore, the respondents have proceeded vindictively against him in order to wreak vengeance.
3. He submitted that the petitioner’s services has been appreciated by the State and even his name was recommended for the State Level award. However, in changed circumstances, not only he has been deprived of his award, but a charge-sheet has been issued to harass him. He added that the petitioner has challenged the charge sheet by preferring a writ petition (S.B. CWP No. 15138/2024) in which an interim order has been passed by the High Court due to which, the respondents got annoyed and have placed the petitioner under suspension by way of order dated 19.09.2024.
4. Learned counsel argued that the petitioner’s suspension is not only actuated with mala-fide - in o
Government of Andhra Pradesh & Ors. vs. P. Chandra Mouli & Anr.
Inspector Prem Chand vs. Govt. of NCT of Delhi & Ors.
Union of India & Anr. vs. Tulsiram Patel reported in (1985) 3 SCC 398
The court upheld the suspension of a teacher for misconduct, emphasizing the need for discipline in educational institutions.
Point of law: seriousness and gravity of the misconduct contemplated to be enquired into and the material i.e., voice messages along with the complaint by the complainant Anil Proddaturu and recordin....
The court affirmed that suspension pending inquiry is a valid administrative measure, provided there is prima facie evidence of misconduct & that natural justice principles must be observed during di....
The court ruled that suspension orders must adhere to legal standards and cannot be arbitrary, emphasizing the need for proper justification and adherence to procedural rules.
Suspension of an employee must be justified by a strong prima facie case of misconduct involving moral turpitude; arbitrary actions violate constitutional rights.
The court affirmed that an employee's suspension can be validly issued without formal reinstatement following a prior suspension, provided the employer-employee relationship continues.
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