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1998 Supreme(All) 1194
IN THE HIGH COURT OF ALLAHABAD
S. Rafat Alam, J.
UDAI SHANKER TIWARI - Appellant
Versus
DISTRICT INSPECTOR OF SCHOOLS, KANPUR NAGAR - Respondents
C. M. W. P. 19779 Of 1997
Decided On : 10/28/1998
AMIT SAXENA, Ashok Khare, Dwiedi, P.N. Saxena
The District Inspector of Schools must exercise his discretion independently and not on the direction of a superior officer when considering the revocation of a suspension order passed against a teacher.
Headnote:
EDUCATION - UTTAR PRADESH HIGH SCHOOL AND INTERMEDIATE COLLEGES (PAYMENT OF SALARIES TO TEACHERS AND OTHER EMPLOYEES) ACT, 1971 - SECTION 5(1) - UTTAR PRADESH INTERMEDIATE EDUCATION ACT, 1921 - SECTION 16G - SUSPENSION OF TEACHER - LEGALITY - APPROVAL BY DISTRICT INSPECTOR OF SCHOOLS - REVOCATION - CONDITIONS - SINGLE OPERATION OF COLLEGE ACCOUNT - JUSTIFICATION.
Fact of the Case:
The petitioner, an assistant teacher at a recognized intermediate college, was suspended by the college management due to his involvement in a criminal case involving moral turpitude. The suspension was approved by the District Inspector of Schools (DIS). Subsequently, the DIS revoked the suspension order on the direction of the Regional Deputy Director of Education. The management challenged the revocation order, and the DIS passed an order for single operation of the college account under Section 5(1) of the Uttar Pradesh High School and Intermediate Colleges (Payment of Salaries to Teachers and Other Employees) Act, 1971, due to the management's failure to pay the petitioner's salary.
Finding of the Court:
The court held that the initial suspension order was justified as the petitioner was facing criminal charges involving moral turpitude. However, the DIS's order revoking the suspension was unsustainable as it was passed without affording an opportunity to the management and was based on the dictate of the Joint Director of Education. The court also held that the order for single operation of the college account was not sustainable as the revocation order had been quashed.
Issues: 1. Whether the initial suspension order was justified? 2. Whether the DIS's order revoking the suspension was valid? 3. Whether the order for single operation of the college account was justified?
Ratio Decidendi: 1. The court held that the initial suspension order was justified as the petitioner was facing criminal charges involving moral turpitude, which could potentially embarrass him in the discharge of his duties as a teacher. 2. The court held that the DIS's order revoking the suspension was unsustainable as it was passed without affording an opportunity to the management and was based on the dictate of the Joint Director of Education. The court emphasized that the DIS must exercise his discretion independently and not on the direction of a superior officer. 3. The court held that the order for single operation of the college account was not sustainable as the revocation order had been quashed.
Final Decision: The court quashed the DIS's order revoking the suspension and the order for single operation of the college account. The court directed the DIS to pass a fresh order on the petitioner's application for revocation of suspension after affording an opportunity of hearing to the management.
( 1 ) ALL these four writ petitions are interlinked and as agreed to by the learned counsel for the parties were heard together and are being disposed of by a common judgment.
( 2 ) CIVIL Misc. Writ Petition No. 19779 of 1997 has been filed by Shri Udai Shanker Tiwari, an assistant Teacher (hereinafter referred to as petitioner-teacher) of Mahatma Gandhi Vidyalaya inter College, Kanpur (for short the College) for quashing the order of the Committee of management dated 13. 5. 1997 putting him under suspension until further orders whereas the other three writ petitions have been filed subsequently by the Committee of Management of the aforesaid College (hereinafter referred to as the Management ).
( 3 ) IN Civil Misc. Writ Petition No. 22857 of 1997 the prayer is to quash the order of the District inspector of Schools. Kanpur, dated 8. 5. 1997 recalling his earlier order dated 26. 4. 1997 approving the order of suspension of Shri Udai Shanker Tiwari (petitioner-teacher ).
( 4 ) CIVIL Misc. Writ Petition No. 34926 of 1997 has been filed against the order of the District inspector of Schools dated 13. 10. 1997 directing the Management to pay full salary to the petitioner-teacher.
( 5 ) CIVIL Misc. Writ Petition No. 37355 of 1997 has been filed against the order of single operation dated 3. 11. 1997 passed by the District Inspector of Schools under Section 5 [1) of the uttar Pradesh High School and Intermediate Colleges (Payment of Salaries to Teachers and other Employees) Act. 1971 (for short the Act No. XXIV of 1971 ).
( 6 ) THE short facts giving rise to these writ petitions are that the College is a recognised intermediate College and is governed under the provisions of U. P. Intermediate Education Act. 1921 (for short the Act of 1921) and its teaching and non-teaching employees receive salary from the State Government under the provisions of Act No. XXIV of 1971. The petitioner-teacher is the senior-most Assistant Teacher of the College, he, however, has been roped in a criminal case for an offence under Sections 304b and 498a. I. P. C.
( 7 ) IT appears that his daughter-in-law, Smt. Renu (deceased) was shot dead on 21. 1. 1997 by his son. Accordingly an F. I. R. was lodged by the uncle of the deceased alleging that the deceased was shot dead by her husband. Manish Kumar Tiwari. It has also been alleged that immediately thereafter Manish Kumar Tiwari son of the petitioner-teacher attempted to commit suicide by consuming Sulphas Tablets. Consequently. Police Station Naubasta registered a case as Case crime No. 128 of 1997 under Section 302. I. P. C. and Case Crime No. 129 of 1997 under Section 309, I. P. C. In which the son of the petitioner-teacher has been made accused. Shortly thereafter, the mother of the deceased Smt. Asha Dwivedi. who is a non-teaching employee of the College filed an application before the police alleging that her daughter (deceased) after marriage was subjected to cruelty and harassment by her husband and in-laws for the demand of dowry. The police, thereafter, registered a case against the petitioner-teacher under Section 304b and 498a. I. P. C. and he was taken in custody on 27. 2. 1997 in connection with the aforesaid crime.
( 8 ) THE Management accordingly by order dated I4th March, 1997 suspended the petitioner-teacher in view of the pendency of investigation and trial for committing offence involving moral turpitude which was also approved by the District Inspector of Schools by his order dated 26. 4. 1997. The dispute, however, arose when the District Inspector of Schools by the impugned order dated 8. 5. 1997 recalled his earlier order approving the suspension of the petitioner- teacher on the direction of the Regional Deputy Director of Education which has been challenged by the Management in Civil Misc. Writ Petition No. 22857 of 1997. The management again by its resolution dated 13th May. 1997 resolved to put the petitioner-teacher under suspension till the decision of the c
