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SUBHASH VIDYARTHI
Shardindu Kumar Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
SUBHASH VIDYARTHI, J.
1. Heard Sri Gautam Baghel, the learned counsel for the petitioner, Sri Gaya Prasad Singh, the learned Standing Counsel appearing on behalf of the State-opposite parties no. 1 to 4, 7 and 8, Sri Indra Raj Singh, the learned counsel for the opposite party no. 6.
2. The opposite party no. 5-Manoj Kumar Mishra is the District Inspector of Schools, Azamgarh who has been impleaded in his personal capacity as allegations of malice have been levelled against him.
3. By means of the instant writ petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of an order dated 10.04.2024, passed by the District Inspector of Schools, Azamgarh, whereby he has declined to hand over the charge of Officiating Principal of S.K.P. Inter College, Jokhara, Azamgarh (which will hereinafter be referred to as ‘the college’) to the petitioner till a decision in this regard is taken by the Director of Education (Secondary Education), Uttar Pradesh The petitioner has also challenged the validity of an order dated 24.07.2024, passed by the opposite party no. 7-Authorized Controller of the college/District Inspector of Schools, Azamgarh,
The refusal to hand over charge of Officiating Principal was arbitrary and constituted legal malice, as the petitioner was exonerated of previous charges.
The court upheld the suspension of a teacher for misconduct, emphasizing the need for discipline in educational institutions.
The administrative authority must consider prior inquiry findings before taking action against an employee; failure to do so renders the action unjustified.
The approval of a suspension order without a charge sheet and without affording the employee an opportunity to be heard violates principles of natural justice.
Suspension of an employee must be justified by a strong prima facie case of misconduct involving moral turpitude; arbitrary actions violate constitutional rights.
Employment and Service matter - Post of Lecturer - Petitioner has been superannuated he may not be permitted to hold post of officiating Principal but he shall continue in service as Lecturer till co....
The court reaffirmed that a decision cannot be rendered by one authority without providing a hearing to those involved, violating natural justice principles.
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