RAMENDRA BHUSHAN PANDEY v. STATE OF U.P. THRU. PRIN. SECY. SECONDARY EDU. LKO. AND 3 OTHERS
WRIA/4328/2025 · 2025-05-08
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135381 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135381 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:27007 Court No. - 3 Case :- WRIT - A No. - 4328 of 2025 Petitioner :- Ramendra Bhushan Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Secondary Edu. Lko. And 3 Others Counsel for Petitioner :- Pawan Kumar Pandey,Rupesh Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajesh Singh Chauhan,J.
1. Heard. 2. This Court has passed the order dated 02.05.2025, which reads as under:-
"1. Heard Sri Pawan Kumar Pandey, learned counsel for the petitioner and Sri Ran Vijay Singh, learned Addl. Chief Standing Counsel for the State- opposite parties no.1 & 2. 2. At the very outset, learned counsel for the petitioner has drawn attention of this Court towards Annexure No.11 of the writ petition, which is a letter dated 31.03.2025 preferred by the District Inspector of Schools, Ayodhya addressing to the Manager, Committee of Management directing him to place the petitioner under suspension and initiate inquiry with immediate effect. Further attention has been drawn towards Annexure No.12 of the writ petition, which is the resolution of the Committee of Management pursuant to the letter dated 31.03.2025 for placing the petitioner under suspension constituting the committee of four persons including the Associate District Inspector of Schools. Learned counsel has stated that if any Teacher of Head of the Institution is placed under suspension by the Committee of Management, the District Inspector of Schools is having power to approve or disapprove thereof but the District Inspector of Schools may not direct the Committee of Management to place any Teacher or Head of the Institution under suspension for the reason that the purpose to pass any appropriate order of approval or disapproval would be frustrated. As per law, it is the Committee of Management, who can pass order of suspension by applying its own independent mind and no authority, be it District Inspector of Schools or any other administrative authority, may direct the Committee of Management to place any Teacher or Head of the Institution under suspension. 3. Sri Ran Vijay Singh has produced instructions letter dated 29.04.2025 provided by the District Inspector of Schools, Ayodhya but those instructions are not proper, therefore, Sri Ran Vijay Singh is given five days' time to seek complete written instructions in the matter.
Sri Singh may advice the District Inspector of Schools in respect of provision of law placing any Teacher or Head of the Institution under suspension as the detailed mechanism has already been indicated under Section 16-G of the
U.P. Intermediate Education Act, 1921. 4. List on 08.05.2025 as fresh in the list of fresh cases."
3. Sri Ran Vijay Singh, learned Additional Chief Standing Counsel has informed the Court that he has intimated this order to the District Inspector of Schools, Ayodhya well in time, but he could not receive any instructions. 4. Since the illegality of the impugned suspension order has already been indicated in the aforesaid order dated 02.05.2025, which has not been clarified by the learned counsel for the opposite parties, therefore, I hereby set aside/ quash the impugned suspension order dated 05.04.2025. However, it is always open for the Competent Authority to pass any appropriate order strictly in accordance with law. 5. Accordingly, the instant writ petition is allowed. 6. The opposite parties are directed to permit the petitioner to discharge his duties on the post of Lecturer and pay him his regular salary as and when the same falls due. The petitioner shall also be paid the salary for the suspension period, if the same has not been paid to him. 7. No order as to cost. . [Rajesh Singh Chauhan,J.] Order Date :- 8.5.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench