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ABDUL MOIN
Gyanvati Dixit – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Deptt. Of Sec. Edu. Lko. – Respondent
JUDGMENT :
Abdul Moin, J.
1. Affidavit of compliance filed by Shri Ashutosh Singh, learned counsel appearing on behalf of the respondent No.5 is taken on record.
2. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and Shri Ashutosh Singh, learned counsel appearing on behalf of the respondent No.5.
3. Under challenge is the order dated 09.11.2024, a copy of which is Annexure-1 to the petition, by which the petitioner has been placed under suspension.
4. Raising a challenge to the said order, the contention is that earlier the petitioner had been suspended vide order dated 04.10.2024, a copy of which is Annexure-9 to the petition.
5. A challenge had been raised to the said suspension order by filing Writ A No.9746 of 2024 In Re Dr Gyanvati Dixit vs State of U.P. & Ors. This Court vide judgment and order dated 05.11.2024, a copy of which is Annexure-2 to the petition, quashed the said suspension order. It was further directed that consequences would follow. Further, it was left open for the competent authority to pass a fresh order, if required, in accordance with law.
6. Contention of the learned counsel for the petitioner is that without reinstat
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.
Suspension orders must reflect independent decision-making by statutory authorities and cannot be arbitrary or merely routine; otherwise, they may violate constitutional rights.
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....
Suspension orders under Rule 5 of the Gujarat Civil Services Rules must be reviewed within 90 days; failure to do so invalidates the suspension.
The court affirmed that a suspension order can be validly extended and that an employee may waive rights to challenge such orders pending disciplinary proceedings.
The court upheld the suspension of a teacher for misconduct, emphasizing the need for discipline in educational institutions.
The main legal point established is that a suspension order must be reviewed within 90 days as per the Central Civil Services (Classification, Control and Appeal) Rules, 1965, and failure to do so ma....
A suspension order cannot extend beyond three months without a charge sheet and review, as established in Ajay Kumar Choudhary vs. Union of India.
The court held that under Section 8(4) of the DSE Act, a suspension order lapses if not approved by the Directorate of Education within 15 days, thus mandating procedural protections for educational ....
The main legal point established in the judgment is that the appointing authority must exercise independent discretion when issuing a suspension order, as required by Regulation 4(1) of the Regulatio....
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