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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SHREE PRAKASH SINGH
Chutki Bhandar Girls Inter College – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Secondary Edu. Deptt. – Respondent
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. Heard Mr. M.B. Singh and Mr. Vikas Singh, learned counsels for the petitioners, Mr. Brijendra Singh, learned Additional Chief Standing Counsel for the State and Mr. Indra Pratap Singh, learnedcounsel for the opposite party no. 6.
2. By means of the present writ petition, the petitioners have assailed the order dated 26-09-2025 passed by the District Inspector of Schools-II, Lucknow, whereby the matter has been remitted back to the Committee of Management, while disapproving the recommendation of the Committee of Management, for dismissal ofthe services of the opposite party no. 6.
3. Briefly stated facts are that Chutki Bhandar Girls Intermediate College, Lucknow(hereafter referred to as 'College'), is recognized by the U.P. Intermediate Education Board and imparts education upto intermediate and the college receives grant-in-aid from the state government and the provisions of the U.P. Intermediate Education Act, 2021 as well as the U.P. High School and Intermediate College(Payment of Salary to the Teachers and Other Employees) Act,1971, are fully applicable on the teaching and non teaching staffsof the college.
4. Factual matrix of the case are tha
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 court reaffirmed that a decision cannot be rendered by one authority without providing a hearing to those involved, violating natural justice principles.
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 judgment emphasized the importance of adhering to the principles of natural justice and complying with statutory rules in departmental proceedings, and the requirement of obtaining the approval o....
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.
Disciplinary proceedings must adhere to established procedures, including notice and opportunity to defend, to ensure compliance with natural justice.
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