Court No. - 58
Case :- WRIT - A No. - 12852 of 2018 Petitioner :- Rashtriya Inter College Shahpur, Muzaffarnagar And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Nipun Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
An order dated 26.4.2018, passed by the District Inspector of Schools, Muzaffar Nagar, setting aside the resolution of the Committee of Management to place the respondent no.3 under suspension is challenged in the present petition.
It is stated that the order proceeds on incorrect factual premise inasmuch as no appeal lies against the order of suspension and only against the order of dismissal such an appeal could have been filed. It is also contended that no opportunity of hearing has been afforded to the petitioner before passing the order impugned. Submission is that the charges were serious and did merit an enquiry.
Considering the nature of order proposed to the passed, notice need not be issued to respondent no.3 and with the consent of learned counsel for the parties, this petition is being disposed of, at this stage itself.
In view of the fact that the order impugned has been passed without affording opportunity of hearing, the same cannot be sustained. It shall, however, be open for the respondents to proceed, afresh, in the matter, after affording opportunity of hearing to the parties concerned. For the purposes of enabling the authority concerned to examine the respective plea of the parties, the order dated 26.4.2018 stands quashed.
With the aforesaid observations/directions, this writ petition stands disposed of.
Order Date :- 28.5.2018 Ashok Kr.