HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15582 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Shivendu Ojha, learned counsel for petitioner, Sri Santosh Kumar, learned Standing Counsel for State-Respondents and Sri Sheel Kumar Singh, Advocate for Respondent-3. 2. Petitioner, a Teacher and a differently abled person, is before this Court that his suspension order dated 16.07.2025 passed on basis of resolution dated 11.07.2025 was forwarded to District Inspector of Schools, Firozabad for its approval. Said proposal remained pending and meanwhile a Four Members Committee has conducted an inquiry against petitioner and charges levelled were found proved. It appears that copy of same was also forwarded to District Inspector of Schools. It is also informed by learned Senior Advocate for petitioner that District Inspector of Schools, on its own level, has directed Principal, DAV Inter College, Firozabad to conduct an independent inquiry wherein also charges were found proved though it appears that petitioner has not participated in it. Subsequently, District Inspector of Schools, Firozabad vide impugned order dated 12.09.2025 has approved proposal of suspension though in Versus Counsel for Petitioner(s) : Ajit Dwivedi, Shivendu Ojha, Sr. Advocate Counsel for Respondent(s) : Alakshendra Pratap, C.S.C., Pradyumna Kumar, Priyanka Singh, Sheel Kumar Singh Chhote Lal .....Petitioner(s) The State Of U.P. And 2 Others .....Respondent(s) said order there is no reference of subsequent inquiry report dated 12.09.2025. 3. Learned Senior Advocate appearing for petitioner submits that once inquiry is concluded, there was no need for approval of order of suspension, if already not approved, as well as by referring averments of this writ petition, learned Senior Advocate further submits that action taken against petitioner suffers with mala fide. 4. Learned counsel appearing for Respondent-Committee of Management submits that petitioner has tried to influence the Committee as well as placed forged documents in the writ petition. Petitioner has failed to discharge his duties and remained absent on various working days. 5. The aforesaid factual averments made by learned counsel for Respondent-Committee of Management, are highly disputed by learned Senior Advocate for petitioner. He further submits that before order of suspension was approved, no opportunity of hearing was granted to petitioner as well as District Inspector of Schools has no jurisdiction or power to conduct any independent inquiry at the back of petitioner. 6. I have considered the aforesaid submissions and perused the material available on record. 7. So far as allegations against petitioner are concerned, since Committee of Management of concerned School still has to take a decision, therefore, any comment, whatsoever of this Court would prejudice case of either parties. 8. So far as report dated 12.09.2025 which is placed during hearing is concerned, since it is not mentioned in impugned order, therefore, at this WRIA No. 15582 of 2025 2 stage, to make any comment that it has influenced the District Inspector of Schools, would not be appropriate or correct. 9. So far as opportunity of hearing is concerned, from strict perusal of relevant provisions, there is no such mandatory requirement though it may be a case that law as developed may have provided prior hearing. 10. Otherwise also, Court is of the view that since impugned order is based on an inquiry report of Four Members Committee and since contents thereof are not disputed, therefore, no prejudice is caused to petitioner, if he was not called for hearing before impugned order was passed. 11. So far as other argument in regard to approval of suspension at belated stage is concerned, since now inquiry is concluded by a Four Members Committee, therefore, purpose of suspension is achieved. 12. In view of above, writ petition is disposed of that in case Respondent- Committee of Management failed to adopt any proposal on basis of inquiry report submitted by the Four Members Committee within a period of two weeks from today, the order impugned shall be kept in abeyance, subject to outcome of disciplinary proceedings. October 17, 2025 AK WRIA No. 15582 of 2025 3 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad