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IN THE HIGH COURT OF ALLAHABAD AT LUCKNOW BENCH
Hon'ble Rajesh Singh Chauhan,J.
Ram Bharose Maikulal Inter College – Appellant
Versus
State of U.P – Respondent
| Table of Content |
|---|
| 1. initial proceedings and parties involved. (Para 1 , 2 , 3) |
| 2. requirement for proper hearing and reasoning in suspension orders. (Para 4 , 5 , 6 , 7 , 8 , 9 , 12) |
| 3. argument for reconsideration of the suspension order. (Para 10 , 11) |
| 4. writ petition allowed; order set aside and remanded. (Para 13 , 14 , 15) |
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri M.B. Singh, learned counsel for the petitioner, Sri Vivek Shukla, learned Additional Chief Standing Counsel for opposite party nos. 1, 2, 3 and 6 and Sri H.P. Gupta, learned counsel for the opposite party no. 5.
2. Application for dismissal of the writ petition filed by Sri Hari Prasad Gupta, learned counsel for the opposite party no. 5 and application for taking short rejoinder affidavit filed by Sri Vikas Singh, learned counsel for the petitioner is taken on record.
3. Since, DIOS has been impleaded by name as opposite party no. 4, and no notice was issued to him, therefore, no one has appeared on behalf of opposite party no. 4, though, in the present writ petition malafide has been alleged against the opposite party no. 4 vide paragraph no. 29 but without adverting to those allegations of malafide, I am testing the
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 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 court reaffirmed that a decision cannot be rendered by one authority without providing a hearing to those involved, violating natural justice principles.
The principle of natural justice mandates that a Committee of Management must be given an opportunity to be heard before disapproval of its recommendation for dismissal or similar actions.
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 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 ....
Failure to provide an opportunity of hearing before punitive actions undermines procedural fairness, necessitating remand for due process.
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