Court No. - 58
Case :- WRIT - A No. - 13025 of 2018 Petitioner :- Man Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Badri Kant Shukla Counsel for Respondent :- C.S.C.,Gaurav Kumar Chand
Hon'ble Ashwani Kumar Mishra,J.
Petitioner is aggrieved by an order dated 1.5.2018, passed by the District Inspector of Schools, Jalaun at Orai, granting approval to the resolution of the Committee of Management dated 11th March, 2018 for placing the petitioner under suspension. The order is challenged on the ground that the same is absolutely cryptic, inasmuch as the reply of petitioner has not been taken note of by the District Inspector of Schools.
I have heard learned counsel for the petitioner and learned Standing Counsel for the respondent nos.1 and 2.
Considering the nature of the order proposed to be passed, notices need not be issued to respondent no.3, and the writ petition is being disposed of, at this stage itself.
Perusal of the order of Inspector would go to show that after referring to the resolution of Committee of Management for placing the petitioner under suspension, the Inspector has proceeded to approve it. There is absolutely no consideration of the seriousness of charges levelled against the petitioner or any application of mind to the defence set up by the petitioner. Such cryptic order cannot be approved of, particularly when a teacher is proposed to be suspended. The object of incorporating provision for grant of approval to such resolution is that an independent authority applies its mind to the seriousness of charges and also satisfies itself of some credible material to justify the suspension. In the facts of the present case, such consideration is completely lacking in the order of Inspector. In such circumstances, the order dated 1.5.2018 cannot be sustained and is accordingly quashed.
Writ petition is, accordingly, disposed of by remitting the matter to District Inspector of Schools concerned for passing a fresh order, in accordance with law. It is provided that unless approval is granted to the resolution of Committee of Management for placing the petitioner under suspension, he shall be allowed to continue in service and receive salary.
Order Date :- 31.5.2018 Anil