Court No. - 39
Case :- WRIT - A No. - 12236 of 2019 Petitioner :- Sarita Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shantanu Khare,Ashok Khare, Sr. Advocate Counsel for Respondent :- C.S.C.,Jay Ram Pandey,Siddharth Singh
Hon'ble Neeraj Tiwari,J.
Heard Sri Ashok Khare, learned Senior Counsel for the petitioner, learned Standing Counsel for respondent nos.1 and 2, and Sri Siddharth Singh, learned counsel for respondent no.4.
Learned counsel for the petitioner contended that petitioner was appointed as Head Mistress in the year 2016 and Basic Shiksha Adhikari has accorded approval to the selection of the petitioner vide order dated 12.08.2016. A complaint dated 23.02.2019 has been filed against the petitioner and respondent no.2 vide order dated 20.07.2019 recommended to initiate disciplinary proceeding against the petitioner. Thereafter, respondent no.4 passed suspension order dated 22.07.2019 without approval of Committee of Management which is disciplinary authority, therefore, order is bad and liable to be set aside.
Sri Siddharth Singh, learned counsel for respondent no.4 could not dispute this fact but submitted that meeting of the Committee of Management was held on 31.07.2019 the suspension proceeding of petitioner was rectified. Therefore, there is no illegality in the suspension order.
Sri Ashok Khare, learned Senior Counsel for the petitioner submitted that once the order has been passed, which is void ab initio, the same cannot be rectified by any subsequent action. In support of his contention he has placed reliance upon the judgement passed by the Apex Court in the matter of Marathwada University Vs. Seshrao Balwant Rao Chavan reported in 1989 (3) SCC 132.
This fact is not disputed that the suspension order has been passed without approval of Committee of Management, therefore, the same cannot be rectified in light of law laid down by Apex Court. Therefore, the suspension order is hereby quashed. The writ petition is allowed.
Respondent no.4 is directed to pass fresh order considering the recommendation of Basic Shiksha Adhikari, Mirzapur dated 20.07.2019 maximum within three weeks from today in accordance with law.
Order Date :- 22.8.2019 Radhika