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Neutral Citation No. - 2025:AHC:29507 Court No. - 10 Case :- WRIT - A No. - 2607 of 2025 Petitioner :- Nahid Asim Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Prabhakar Awasthi,Saurabh Tripathi Counsel for Respondent :- Abhishek Misra,C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. The facts are not much under dispute that petitioner as Officiating Principal of Imambara Muslim Girls Inter College, Main Bazar, District-Gorakhpur was put under suspension on 25.11.2024 and matter was referred to DIOS, Gorakhpur in terms of Section 16(G)(7) of Uttar Pradesh Intermediate Education Act, 1920 and by impugned order dated 23.01.2025, the suspension was approved.
2. Sri H.R. Mishra, learned Senior Counsel assisted by Sri Abhishek Misra, learned counsel for Committee of Management submits that initially there was a dispute in regard to handover of charge by the petitioner but now charge is handed over to management, who is also seized with documents and they will submit a charge-sheet within a period of two weeks and subject to co-operation from the petitioner, they will try to conclude the inquiry within six weeks thereafter in accordance with law.
3. Sri Prabhakar Awasthi, learned counsel for petitioner submits that impugned order is not a reasoned order, even nature of allegation has not been considered or referred. The DIOS has also not taken note that in case, the inquiry is delayed without any default of petitioner, approval of suspension can be rejected.
4. Learned counsel appearing on behalf of DIOS has tried to convince this Court that impugned order has assigned reasons, however, the Court is of considered opinion that impugned
order which goes as many as in 7 pages but after narrating facts approved the suspension order without any specific reason. The only reason assigned in impugned order is as follows :-
"उपररोक्त कके दृषष्टिगत शश्रीमतश्री ननाषहिद आससिम पर लगनायके गयके कषतपय आररोप कके षविरूद सिममुषचित सिनाक्ष्य न प्रस्तमुत कर पनानके कके कनारण प्रथम दृष्टियना आररोप पमुषष्टित हिरोनके कके कनारण प्रबन्ध सिषमषत इमनामबनाडना ममुसस्लम गरसिर इण्टर कनालकेज , गरोरखपमुर ककी बबैठक षदननानांक
24.11.2024 मम पनाररत प्रस्तनावि सिनांख्यना - ३ करो अनमुमरोषदत षकयना जनानना उषचित प्रतश्रीत हिरो रहिना हिबै।"
5. The aforesaid order is an unreasoned order, accordingly, the impugned order in its present form is set aside and matter is remitted to DIOS to pass a fresh order within four weeks, in accordance with law after giving opportunity of hearing to rival parties and its legal consequence shall follow.
6. Meanwhile, it is further directed that Committee of Management will follow the statement given by their Senior Advocate at bar, which is recorded in earlier paragraphs i.e. to conclude inquiry within six weeks, and, therefore, this writ petition is accordingly, disposed of with aforesaid observation.
7. The concerned DIOS is put on caution that he has to pass
order assigning requisite reasons so that his mind be reflected in the orders and not to create any ambiguity which may become a reason to approach this Court by effective parties and that has to be avoided.
Order Date :- 3.3.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad