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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW
SHREE PRAKASH SINGH
Ram Bharose Maiku Lal Inter College Lko. Thru. Its Manager Srikant Sahu – Appellant
Versus
State Of U.P. Thru. Addl. Chief Secy. Secondary Edu. Deptt. Lko – Respondent
| Table of Content |
|---|
| 1. supplementary affidavits and admissibility (Para 1 , 2 , 3 , 4) |
| 2. disapproval of suspension order by d.i.o.s. (Para 5 , 10 , 12) |
| 3. verification of charges against respondent (Para 7 , 11 , 13) |
| 4. limitations on d.i.o.s. authority to evaluate charges (Para 8 , 9 , 14) |
| 5. requirement for recording reasons in suspension disapproval (Para 15 , 18 , 20 , 21) |
| 6. quashing of impugned order and remanding for fresh decision (Para 22 , 23 , 24 , 26) |
JUDGMENT :
SHREE PRAKASH SINGH, J.
1. Supplementary affidavit filed by learned counsel for the petitioners andthe counter affidavit filed by respondent no. 6, are taken on record.
2. Heard Mr. Mahendra Bahadur Singh and Mr. Vikash Singh, learned counsels for the petitioners, Mr. Hari Prasad Gupta, learned counsel for respondent no. 6, Mr. Brijendra Singh, learned Additional Chief StandingCounsel for respondent nos. 1 to 4.
3. Since in the instant petition, the pure legal question is involved, therefore, the matter is being decided at the admission stage. Notice to respondent no.5 is hereby dispensed with.
4. The present writ petition has been filed assailing the order dated 06.10.2025, by which the district Inspector of Schools has disa
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 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 reaffirmed that a decision cannot be rendered by one authority without providing a hearing to those involved, violating natural justice principles.
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 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 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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