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2025 Supreme(All) 3569

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
Shree Prakash Singh, J.
C/M, Chutki Bhandar Girls Inter College , Lko Thru. Its Manager Pawan Verma And Another - Petitioners
Versus
State Of U.P. Thru. Addl. Chief Secy. Secondary Edu. Deptt. Lko And Others - Respondents
WRIT - A No. - 8442 of 2025
Decided On : 21-11-2025

Advocates Appeared:
For the Petitioner: Vikas Singh, Mahendra Bahadur Singh
For the Respondent: C.S.C., Indra Pratap Singh, Ravi Kant Shukla

The court reaffirmed that a decision cannot be rendered by one authority without providing a hearing to those involved, violating natural justice principles.

Headnote:(A) Intermediate Education Act, 1921 - Provisions regarding suspension and disciplinary proceedings - Order dated 09-07-2025 disapproving suspension of lecturer was challenged as contrary to principles of natural justice due to lack of fair hearing - The court held that the impugned order was unsustainable as it violated the right to a fair opportunity to be heard. (Paras 5, 19, 20)

Facts of the case:
Petitioners challenged the disapproval of suspension of a lecturer who engaged in financial irregularities and misconduct, leading to legal contention about the procedural fairness in the disciplinary process before the District Inspector of Schools. (Paras 3, 4)

Findings of Court:
The impugned order was quashed as it did not afford a fair hearing to the petitioners; the matter was remitted for fresh hearing within six weeks. (Paras 20, 21)

Issues: Key issues included whether the petitioners were given a fair opportunity to present their case before the order dated 09-07-2025 was passed. (Paras 12, 19)

Ratio Decidendi: The court emphasized the necessity of personal hearing and adherence to procedural fairness underpins just administrative actions, referencing case law establishing this principle. (Paras 15, 17)

Result: The Writ Petition is allowed, and the impugned order is quashed.

Table of Content
1. factual background of the case's suspension. (Para 3 , 4)
2. arguments on the right to a fair hearing. (Para 6 , 7 , 8 , 9)
3. court's analysis of hearing compliance. (Para 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18)
4. violation of natural justice principles. (Para 19 , 20)
5. conclusion and order remitting the case. (Para 21 , 22 , 23 , 24)

JUDGMENT :

SHREE PRAKASH SINGH, J.

1. Heard Mr. M.B. Singh, learned counsel for the petitioners, Dr. Udai Veer Singh and Mr. Brijendra Singh, Additional Chief Standing Counsel for the State, Mr. I.P. Singh, learned counsel for the opposite party no. 6 and perused the records.

2. The challenge is laid to the order dated 09-07-2025 passed by the District Inspector of Schools-II, Lucknow, whereby the suspension of the opposite party no. 6 has been disapproved.

3. Briefly stated facts, are that Chukti Bhandar Girls Intermediate College, Lucknow(hereafter referred to as ‘College’) is recognized by the U.P. Intermediate Education Board and the same receives grant-in-aid from the state government. Smt. Shubhra Pandey was working as Principal of the college on adhoc basis, who retired from service on 29-02-2024 as she took voluntary retirement and the opposite party no. 6, namely, Dr. Suman Shukla, Lecturer(Civics) took the charge of the post of Principal of the college, on officiating basis, on 01- 03-2024. Several complaints were reached to the committee regarding uncalled for behaviour of opposite party no. 6, towards teaching and non-teaching staffs of the college, whereafter, in prima-facie, enquiry, the complaint was found correct and therefore, the management directed the opposite party no. 6 to hand over the charge to the second senior most Lecturer(History) namely, Smt. Sunita and this proposal was sent to the District Inspector of Schools, whereafter, her signature was attested and for this reason, the opposite party no. 6 became annoyed and started raising complaints against the petitioners.

4. In the meeting of the committee of the management dated 08-07-2024, an unanimous decision was taken. The opposite party no. 6 denied to hand over the charge to the newly appointed officiating Principal and even after several proposal of the committee of management and the order by the manager, the same was not complied with. During the period of officiating charge of Principal, the opposite party no. 6 committed many serious financial as well as administrative irregularities, by which, not only the reputation of the college, became demean, but, financial loss occurred as well. In this view of the matter, the committee of management took a decision to initiate disciplinary enquiry against the opposite party no. 6, regarding the financial embezzlement and misconduct and she was put under suspension. The decision taken by the committee of management regarding suspension of opposi te party no. 6 was sent to the District Inspector of Schools (II), Lucknow for it’s approval, whereafter, the opposite party no. 6 submitted the representation on 19-02-2025, before the Director, Secondary Education, who instructed the District Inspector of Schools to do the needful within 15 days, whereafter, the District Inspector of Schools-II, Lucknow issued a letter on 27-03-2025 to Dr. Ragini Mishra, Principal, Government Girls Intermediate College, Narhi Lucknow and Smt. Ankita Singh, Principal, Government Girls Intermediate College, Chhoti Jubliee, Lucknow, directing them to make spot inspection and submit their report, who thereafter visited premises of the college and met with the Manager as well as the opposite party no. 6 and teaching and non-teaching staffs of the college and submitted a report. Thereafter, the order dated 13-07-2024 passed by the petitioner no. 2, was disapproved. Subsequently, on 16-05-2025, an ex-parte order was passed by the District Inspector of Schools (II), Lucknow without referring the enquiry report dated 08-04- 2025 and the representation dated 09-04-2025, which was assailed

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