Court No. - 32
Case :- WRIT - A No. - 15843 of 2017 Petitioner :- C/M Kakori Shaheed Inter College And Anr.
Respondent :- State Of U.P. And 2 Ors.
Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Adarsh Singh,Indra Raj Singh
Hon'ble Abhinava Upadhya,J.
Heard learned counsel for the petitioner Sri Prabhakar Awasthi and Sri Indra Raj Singh, learned counsel for respondent no.3 as well as learned Standing Counsel appearing for respondents No.1 and 2.
By means of this writ petition, the petitioner which is Committee of Management has come to this Court challenging the order dated 30.3.2017 passed by the DIOS, Shahjahanpur recalling the earlier order of suspension approved by it of Sri Surendra Pal Singh.
The institution in question is a government aided Intermediate College governed by U.P.Intermediate Education Act, 1921 and other allied Acts. The respondent no.5 was working as officiating Principal in the institution. Upon some serious allegation, the Committee of Management suspended Surendra Pal Singh on 26.5.2016. This order of suspension was approved by the DIOS on 5.8.2016. The said approval was challenged by Surendra Pal Singh by filing writ petition no.37425 of 2016. This writ petition was finally allowed on 12.9.2016 asking the DIOS while quashing the order of approval to reconsider. The DIOS thereafter again by the order dated 19.11.2016 approved the suspension. This order was also subjected to challenge by means of writ petition no.57956 of 2016 in which no interim order was granted.
In the meantime, it is submitted that the disciplinary proceedings that were initiated against Surendra Pal Singh was concluded and the Committee of Management by resolution proposed dismissal of Surendra Pal Singh and forwarded the papers to the Commission through proper channel and the matter is still pending before the Commission. The order impugned dated 30.3.2017 is an order by which the DIOS has recalled the order of approval of suspension dated 19.11.2016 on the ground that the respondent no.3 Surendra Pal Singh, the officiating Principal is now going to retire on 31.3.2017.
Sri Prabhakar Awasthi, learned counsel appearing for the petitioner Committee of Management submits that once an approval was granted to the suspension of Surendra Pal Singh, the same could not have been recalled or reviewed by the DIOS as there is no provision for reviewing the order. Sri Awasthi has very fairly pointed out that there is only one condition on which the DIOS can revoke approval and that is on the ground that the Committee of Management is delaying the disciplinary proceedings and is allowing a person to continue under suspension. That apart, there is no provision for reviewing the order and such condition not being available, the order of the DIOS is illegal and deserves to be quashed.
Sri Indra Raj Singh , learned counsel appearing for respondent no.3 submits that after retirement no disciplinary proceeding can be continued After hearing learned counsel for the petitioner and Sri Indra Raj Singh, learned counsel appearing for respondent no.3 as well as learned Standing Counsel , I am of the view that since respondent no.3 has already attained the age of superannuation, there is no justification for continued placement of respondent no.3 under suspension even though as pointed out by Sri Awasthi that condition precedent for recalling the order of approval is not present.
Under the aforesaid facts and circumstances, I am not inclined to interfere in the matter by exercising extraordinary writ jurisdiction under Article 226 of the Constitution of India. The writ petition has no merit and is accordingly dismissed.
Order Date :- 17.4.2017 VPC