MAHESH CHANDRA MOHAN v. The State of U.P. AND 2 OTHERS
WRIA/19265/2024 · 2025-01-15
Saurabh Shyam Shamshery
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 109812 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109812 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:6185 Court No. - 10 Case :- WRIT - A No. - 19265 of 2024 Petitioner :- Mahesh Chandra Mohan Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Shivendu Ojha,Sneh Pandey Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri R.K. Ojha, Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for petitioner and learned Standing Counsel for State.
2. Petitioner before this Court was put under suspension on 28.08.2024 on a ground that he has extended unsolicited comments and threat to his fellow teacher. The matter was sent for approval to D.I.O.S. who by impugned order dated 09.11.2024 granted approval by referring that nature of allegations appear to be serious.
3. Argument of learned Senior Advocate is that approval is being granted without any specific reason. Even nature of allegations are not being referred. A reason is required to be mentioned in said order.
4. Learned Senior Advocate further submits that impugned order is in the teeth of a judgment passed by Division Bench of this Court in C/M Sri Mahanthu Radha Krishna Inter College, Sakarpura, District Ballia vs. D.I.O.S., Ballia and another, 1988 UPLBEC 226 which has been subsequently followed also.
5. Learned Standing Counsel submits that D.I.O.S. concerned has taken note of materials available and since allegations were serious, therefore, suspension was approved and now inquiry officer has already been appointed and if petitioner cooperates, the inquiry will be concluded within a short period.
6. Learned counsel for parties and perused the record.
7. The allegations levelled against petitioner appear to be serious, and since matter was sent for approval, the D.I.O.S. was required to mention some reason though in brief, however, impugned order does not refer any
reason, therefore, impugned order dated 09.11.2024 passed by respondent-2 is hereby set aside and matter is remitted back to concerned respondent to pass a fresh order within a week and its legal consequence shall follow.
8. The petitioner shall remain under suspension till a fresh order is passed.
9. So far as issue of subsistence allowance is concerned, it be paid to petitioner, if already not paid and if there is no legal impediment.
10. Writ petition stands disposed of with above observations. Order Date :- 15.1.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad