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IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SHREE PRAKASH SINGH
Chutki Bhandar Girls Inter College , Lko Thru. Its Manager Pawan Verma – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Secondary Edu. Deptt. Lko – Respondent
| 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 retireme
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 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 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 refusal to hand over charge of Officiating Principal was arbitrary and constituted legal malice, as the petitioner was exonerated of previous charges.
Writ petition maintainable despite alternative remedy where disciplinary proceedings violate natural justice by rejecting detailed reply to charge-sheet and failing to serve inquiry report properly a....
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....
Procedural compliance with Regulations 35 to 37 of the U.P. Intermediate Education Act is essential in conducting inquiry proceedings and issuing termination orders.
Only authorized authority can exercise disciplinary powers; any order by an unauthorized entity is invalid.
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