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2025 DAILYLAW 158783 (ALL)

DEVENDRA KUMAR v. STATE OFU.P. THRU. PRIN. SECY. BASIC SHIKSHA LKO. AND 3 OTHERS

WRIA/9395/2025 · 2025-08-22

Abdul Moin

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 9395 of 2025 Court No. - 4 HON'BLE ABDUL MOIN, J. 1. Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 & 2 and Sri Net Ram, learned counsel for the respondents no. 3 & 4. 2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided. 3. Under challenge is the suspension order dated 24.07.2025, a copy of which is annexure 1 to the writ petition whereby the petitioner has been placed under suspension on various charges including having made false entries pertaining to his leave in the register, the standard of education being of low quality, no time table being available in the school etc. at the time of inspection. 4. At the very outset, learned counsel for the petitioner states that leave has already been sanctioned by the competent authority on 25.07.2025, a copy of which is annexure 5 to the writ petition. He further contends that even if the charges as levelled against the petitioner are found to be proved, the same may not entail imposition of any major penalty of dismissal, removal or reduction in rank and consequently, there is no occasion for keeping the petitioner under suspension. 5. On the other hand, Sri Net Ram, learned counsel appearing on behalf of Versus Counsel for Petitioner(s) : Arvind Kumar Gautam, Ashok Kumar, Manoj Kumar, Shailendra Singh Counsel for Respondent(s) : C.S.C., Net Ram Devendra Kumar .....Petitioner(s) State Ofu.P. Thru. Prin. Secy. Basic Shiksha Lko. And 3 Others .....Respondent(s) the respondent no. 3 & 4 states that the charge sheet has already been issued to the petitioner on 05.08.2025 and the petitioner may submit his reply to the same and an endevour would be made to take the inquiry to its logical end. 6. Considering the aforesaid, the charges levelled against the petitioner as well as the fact that the impugned suspension order dated 24.07.2025 has been issued on the basis of charges which may not entail imposition of a major penalty and the fact that the leave has already been sanctioned to the petitioner and the petitioner may have no role in the low quality or lesser standard of education in the institution as such, this Court does not find any reason to continue with the suspension order. 7. Considering the aforesaid, the suspension order dated 24.07.2025, a copy of which is annexure 1 to the writ petition is quashed. 8. However, the inquiry as initiated against the petitioner would be taken to its logical end. August 22, 2025 Pachhere/- WRIA No. 9395 of 2025 2 (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench