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 after petitioner's apprehension of harm.

JUDGMENT :

SAURABH SHYAM SHAMSHERY, J.

1. Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Samarth Singh, learned counsel for petitioner and Sri I. R. Singh, learned Senior Advocate assisted by Sri Adarsh Singh, learned counsel for Respondent-College.

2. Petitioner was selected on the post of Principal and was allotted a College, namely, Madan Lal Inter College, Bisauli, Budaun vide order dated 08.12.2022. Since he was not allowed to join on the post of Principal by Committee of Management, therefore, he has to approach the District Inspector of Schools, Budaun and under his direction petitioner was finally allowed to join on the post of Principal w.e.f. 21.01.2023.

3. According to petitioner, he has discharged his duties with diligence still he was served with an order dated 28.07.2025 whereby he was put under suspension by Manager of concerned College on alleged allegation of financial irregularities, indiscipline and for violation of orders of Management etc.

4. Subsequently, petitioner was served with a charge sheet dated 25.08.2025 on 47 charges. The proposal of suspension was approved vide order dated 20.09.2025 passed by District Inspector of Schools, Budaun.

5. Petitioner has challenged the approval of suspension order by way of filing Writ-A No. 17592 of 2025 which was disposed of vide order dated 21.11.2025 with direction to conclude disciplinary proceedings without interfering with approval of suspension order. Relevant part of judgment is reproduced hereinafter:

“9. I have considered above submissions and perused the records.

10. It appears that charge sheet has as many as 47 charges which are mostly of embezzlement on various accounts and total amount is also very high i.e. more than 45 lakhs, however, at this stage, Court is not entering into controversy whether charges are correct or not as it would be the subject matter of inquiry, which is still pending.

11. So far as submission in regard to malafide is concerned, Court if enters into that arena and makes comments, it would prejudice case of either party, though a direction in the suspension order that petitioner would not be allowed to enter the premises supports the case of petitioner to some extent but not to the extent to cause interference in the suspension order since allegations are of embezzlement and amount is more than 45 lakhs i.e. a huge amount and petitioner being Principal has access to the records, therefore, no ground is made out for causing interference.

12. In aforesaid circumstances, this writ petition is disposed of with a direction that since petitioner does not want to submit any other reply, he shall appear before Inquiry Committee on 28.11.2025 at 10.00 AM and Inquiry Committee will try to conclude the inquiry so far as proceedings is concerned on same day or preferably on next day and decision shall be taken within a week thereafter and immediately thereafter, proposal will be communicated to D.I.O.S. for approval.

13. After aforesaid proceedings is concluded, within a week, the D.I.O.S. shall take a decision after giving opportunity to petitioner as well as Manager of Committee of Management also. Since prescribed period is just less than a month, therefore, also, at this stage, impugned order is not interfered, however, in case despite cooperation of petitioner, disciplinary proceedings are not concluded within aforesaid period, the order of suspension and order of i