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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Rajesh Singh Chauhan,J.
Gyanvati Dixit – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Deptt. Of Secondary Education Lko. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri Sudeep Kumar, assisted by Sri Shreshth Srivastava and Sri Ashutosh Shukla, learned counsel for the petitioner, Sri Sanjeev Kumar Singh, learned Standing Counsel for the State- opposite parties no.1 to 4 and Sri Ashutosh Singh, learned counsel for opposite party no.5.
2. By means of this petition, the petitioner has prayed following main reliefs:-
“I. Issue a writ order or direction in nature of certiorari quashing the order dated 20/12/2024 bearing reference no.6240-46/2024-25 2025, passed by respondent no. 4. A copy of which is contained in ANNEXURE NO. 1 to this writ petition.
II. Issue a writ, order or direction in nature of Mandamus commanding the respondents to allow the petitioner to continue on the Principal of Shri Dayanand Rameshwar Prasad Hansrani Arya Kanya Inter College, Sitapur and to pay her salary regularly notwithstanding the order dated 20.12.2024 by which the earlier suspension order dated 9.11.2024, has been confirmed.”
3. Brief facts of the case are that the petitioner was initially appointed on the post of Lecturer (Hindi) in LRNS Inter College, Naimisharan on 23.01.1993. Thereafter, she was appointed on the post of Pr
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.
The District Inspector of Schools must evaluate charges on a prima facie basis without delving into their validity; procedural adherence is critical in suspension cases under the U.P. Intermediate Ed....
The District Inspector of Schools must provide an opportunity for hearing before approving or disapproving a teacher's suspension order, as mandated by Section 16-G of the U.P. Intermediate Education....
The court reaffirmed that a decision cannot be rendered by one authority without providing a hearing to those involved, violating natural justice principles.
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 court affirmed that an employee's suspension can be validly issued without formal reinstatement following a prior suspension, provided the employer-employee relationship continues.
The refusal to hand over charge of Officiating Principal was arbitrary and constituted legal malice, as the petitioner was exonerated of previous charges.
Only authorized authority can exercise disciplinary powers; any order by an unauthorized entity is invalid.
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