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IN THE HIGH COURT OF ALLAHABAD
ASHUTOSH SRIVASTAVA, J.
Ramesh Chandra Yadav – Petitioner
Versus
State of U.P. and Others – Respondents
Writ Appeal No. 18689 of 2022
Decided On : 23-11-2022
Indian Penal Code, 1860 – Sections 395A, 505 – U.P. Government Servants Conduct Rules, 1956 –Statements conducing to public mischief – Punishment for dacoity – Learned counsel for petitioner learned Standing Counsel for State-respondent learned counsel for respondent – Writ petition is to respondent whereby petitioner has been placed under suspension – Learned counsel for petitioner submits that petitioner is working as Incharge Head Master in Composite School Bhiriura Block Gyanpur District Bhadohi – Held, Court order of suspension should not normally depend merely on gravity of charges but should depend upon a consideration of question whether it is necessary to keep delinquent away from his post he occupies – Effect of passing an order of suspension is to keep such delinquent away from his office temporarily – Its objective is to remove him from his sphere of influence during investigation into and treat of charges leveled against him – Court is not interfering with legality of suspension which is left open for consideration in future – Court is also not adverting to fact as to whether such postings constitute a misconduct or not – Court has merely observed that there is no imminent danger that would affect ongoing process of inquiry if petitioner is ordered to be reinstated – Writ petition stands allowed.
JUDGMENT :
ASHUTOSH SRIVASTAVA, J.
1. Heard Shri Ashwani Kumar Yadav, learned counsel for the petitioner, learned Standing Counsel for the State-respondent and Shri Ram Prakash Shukla, learned counsel for respondent Nos. 2 to 4.
2. The challenge laid in this writ petition is to an order dated 3.11.2022 passed by Basic Shiksha Adhikari, Bhadohi-respondent No. 3 whereby the petitioner has been placed under suspension.
3. Learned counsel for the petitioner submits that petitioner is working as Incharge Head Master in Composite School Bhiriura, Block Gyanpur, District Bhadohi. The work and conduct of the petitioner has throughout remained satisfactory and there is no complaint whatsoever in his discharge of duties as Incharge Headmaster. The petitioner has received the impugned suspension order on his WhatsApp number and without giving any show cause notice or opportunity of hearing, he has been suspended. The allegations levelled against the petitioner is vague. Learned counsel for the petitioner submits that meantime a first information report dated 4.11.2022 being Case Crime No. 0213 of 2022, under Sections 395A, 505 (2) IPC, Police Station Gyanpur, District Bhadohi has been lodged against the petitioner. Learned counsel for the petitioner submits that there is election of Teachers Association and due to political rivalry upon an oral complaint, the petitioner has been suspended by the impugned order.
4. Shri R.P. Shukla, learned counsel for the respondent Nos. 2 to 4 has passed-on a copy of complaint/application dated 4.11.2022 filed by Ambrish Tiwari addressed to the District Basic Education Officer, Bhadohi along with photostat copies of WhatsApp conversation, which are taken on record.
5. Learned counsel for the respondents submits that petitioner has rightly been suspended. He has made a WhatsApp Group in the name and style of Poorva Madhyamik Shiksha Sangh, Bhadohi and is its Group Admin. The petitioner is charged with posting objectionable posts regarding Hindu Gods and Goddesses and Bhramins and such conduct has been found to violate the provisions of U.P. Government Servants Conduct Rules, 1956. Besides certain general charges have been levelled against the petitioner regarding discharge of his duties as Incharge Headmaster of the Institution.
6. A perusal of the impugned suspension order dated 3.11.2022 reveals that it is founded on the complaint filed by one Ambrish Tiwary. An inquiry has also been contemplated against the petitioner and the Block Education Officer, Nagar Chetra, Bhadohi and the Block Education Officer, Aurai have been appointed as Enquiry Officers and the petitioner has been attached to BRC, Gyanpur.
7. Shri R.P. Shukla, learned counsel appearing for respondents has placed on record the complaint of Shri Ambrish Tiwari which is dated 4.11.2022 annexing the objectionable material. Surprisingly, the suspension order dated 3.11.2022 just one day before and appears to have been passed without application of mind and looking into the objectionable material. It is the case of the petitioner that he is a victim of political rivalry on account of elections of the Teachers Association.
8. The Court has gone through the complaint dated 4.11.2022 and the material annexed thereto placed on record by Shri R.P. Shukla, learned counsel for the respondents. The Court is of the opinion that the post on the WhatsApp Group by the petitioner appears to be an emotional outburst of a disgruntled person. Whether it constitutes a misconduct perhaps is the subject matter of the inquiry contemplated against the petitioner. It would be inappropriate for this Court to deal with that issue now.
9. The petitioner is under suspension since 3.11.2022. Suspension cannot be used as a weapon to penalize the petitioner. Continuation of suspension must be in larger public interest. The continuation, if pose threat to an ongoing inquiry such delinquent employee need not be reinstated pending such inquiry. In the opinion of the Court the order of
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