Neutral Citation No. - 2025:AHC:76834-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 89 of 2025 Appellant :- Asha Ram Respondent :- State Of Uttar Pradesh And 3 Others Counsel for Appellant :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- C.S.C.,Shaili Ganguly Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. Appellant is a Lecturer in Janta Adarsh Inter College, Kapsarth, Meerut. Disciplinary action against him was initiated by the Committee of Management and he was placed under suspension. He was later dismissed from service. By virtue of Section 16-G(3) and 16-G(7) of the Uttar Pradesh Intermediate Education Act, 1921, the District Inspector of Schools (for short 'DIOS') is required to accord approval to the suspension as also the proposed dismissal. Both the matters were considered by the DIOS vide his order dated 27.12.2024. The suspension was disapproved and proposed dismissal was also set aside after recording a finding in the discussion part that the charges were not made out. 2. Aggrieved by this order of DIOS, the Committee of Management had approached the writ Court. The learned Single Judge has quashed the order of DIOS vide judgment dated 24.1.2025 passed in Writ A No. 1039 of 2025. Learned Single Judge has observed that, in the discussion part, the DIOS has only recorded conclusions without returning any independent finding, on account of which such order has been passed. Observation has also been made against the DIOS concerned for having not passed appropriate orders. 3. Sri Ashok Khare, learned Senior Advocate appearing for the appellant, has invited our attention to the charges levelled against the appellant as also the conclusion arrived at in the enquiry report. An attempt is made to submit that none of the charges are serious enough so as to warrant imposition of major punishment upon the appellant. It is also submitted that though in the discussion part, (सममकक) elaborate reasons are not mentioned, but that in itself would not be sufficient to interfere with the order of DIOS, when respective case of the parties was otherwise elaborately recorded. Shri Khare also submits that the DIOS is not expected to pass an order of the kind expected from a judicial officer. It is also urged that merits of the charges have also not been taken into consideration by the learned Single Judge. The contention of appellant is opposed by the State and the Committee of Management. 4. Having heard the learned counsel for the parties, we are of the view that though the discussion part in the order of DIOS does not contain elaborate reasons and it only contains finding without any discussion in that regard, yet for such reasons, the order of DIOS ought to have been remitted back for fresh consideration of cause by DIOS. Judgment of learned Single Judge is, however, absolutely silent as to what would follow once the order of DIOS is set aside. 5. In that view of the matter, we deem it appropriate to entertain present appeal and modify the judgment and order of learned Single Judge by providing that the cause relating to grant of approval to the suspension as well as proposed dismissal would be accorded fresh consideration by the DIOS, after taking into consideration the respective claim of the parties. The DIOS shall indicate broad reasons which persuades him to accept or not the claim of the Committee of Management. The DIOS will also examine the question as to whether charges levelled against the appellant are serious enough so as to warrant any major punishment. 6. A fresh order in terms of the above observation would be passed by the DIOS within three months from the date of presentation of a copy of this order. 7. Since the maximum period of sixty days from the passing of suspension order has expired and there is no approval of suspension, the appellant would be entitled to continue in service and would also be entitled to the payment of salary till such afresh order is passed in terms of Section 16-G(3) and 16-G(7) of the UP Intermediate Education Act, 1921. 8. The right of the appellant to continue in service shall abide by the fresh order to be passed by the DIOS. 9. This special appeal is, accordingly, disposed of. Order Date :- 12.5.2025 DKS Digitally signed by :- DEEPAK KUMAR SRIVASTWA High Court of Judicature at Allahabad