Neutral Citation No. - 2025:AHC:32010 Court No. - 7 Case :- WRIT - A No. - 2420 of 2025 Petitioner :- Vinod Kumar Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajeet Kumar Shukla,Sarvesh Kant Shukla Counsel for Respondent :- Bipin Bihari Pandey,C.S.C. Hon'ble Prakash Padia,J. 1. On the basis of complaint-letter dated 13.01.2025, three Members Committee was constituted to submit his report and recommend for suspension of the petitioner. On the basis of aforesaid report, an order of suspension dated 24.01.2025 was passed by the respondent no.3-District Basic Education Officer, Ghazipur is under challenge in the present writ petition. 2. It is argued by the learned counsel for the petitioner that three Members Committee was constituted, which conducted the inquiry to the complaint, who has no business to inspect the Headmaster, teachers and employees working in the institution run and controlled by Basic Shiksha Parishad. It is further argued that the basic schools function under the control of the Basic Shiksha Adhikari, who is answerable in line to the Additional Director (Basic), the Director, Basic Education and then the Secretary in the department of Basic Education headed by a Minister. It is further argued that nowhere shows that an inquiry was in contemplation or pending warranting suspension of the petitioner in the present case. Suspension order has been passed without mentioning as to whether the incumbent is being placed under suspension in contemplation of disciplinary proceedings or pendency thereof. 3. In this regard, Sri Prabhakar Awasthi, learned counsel for the petitioner placed reliance upon Division Bench judgment in the case of Radhey Shyam Srivastava Versus State of U.P. and others, Civil Misc. Writ petition No. 59703 of 2007, decided on 04.12.2007. Relevant para-6 is extracted below:- "6. A perusal of Rule 4(1) shows that a government servant can be placed under suspension against whose conduct an inquiry is contemplated or is proceeding. A perusal of the entire order of suspension impugned in this writ petition nowhere shows that an inquiry was in contemplation or pending warranting suspension of the petitioner in the present case. Suspension order has been passed without mentioning as to whether the incumbent is being placed under suspension in contemplation of disciplinary proceedings or pendency thereof. The question whether such an order of suspension would be valid, came up for consideration before a Division Bench of this Court in Meera Tiwari (Smt.) v. The Chief Medical Officer and others, (2001) 3 UPLBEC 2057, in which one of us (Hon'ble S.R. Alam, J.) was a member, and it was held as under : 3. From the said rule it appears that a Government Servant against whose conduct an inquiry is contemplated, or is proceeding may be placed under suspension pending the conclusion of the inquiry. The impugned order of suspension does not refer to any contemplated inquiry or the fact that any inquiry is pending." 4. In that view of the matter, we are of the view that the order of suspension is against the provisions of Rule 4 of the U.P. Government Servant (Discipline & Appeal Rules, 1999 and the same cannot be sustained.........." 4. This facts were duly admitted by Sri Bipin Bihari Pandey, learned counsel appearing on behalf of the respondent no.3- District Basic Education Officer, Ghazipur. 5. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State-respondent, learned counsel for the respondent no.3 and perused the record. 6.In this view of the matter, it is clear that the suspension order has been passed in complete violation of law as laid down in Division Bench judgment of this Court, as such impugned order dated 24.01.2025 is liable to be set aside and it is hereby set aside. However, it is made clear that the respondents shall be at liberty to pass a fresh order, if they so decide in respect to suspension of petitioner, in accordance with law. No order as to costs. 7. The writ petition is allowed. Order Date :- 5.3.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad