Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:36321 Court No. - 10 Case :- WRIT - A No. - 3117 of 2025 Petitioner :- Anita Saxena Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Lalit Kumar Pandey Counsel for Respondent :- C.S.C.,Pramod Kumar Shukla Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri R.K. Ojha, learned Senior Advocate assisted by Sri Lalit Kumar Pandey, learned counsel for petitioner and Sri W.H. Khan, learned Senior Advocate assisted by Sri Pramod Kumar Shukla, Advocate for Respondent-College.
2. Petitioner was put under suspension vide order dated 26.11.2024 alleging as many as eight misconducts. Subsequently the proceedings were undertaken by District Inspector of Schools for approval of said suspension order and a reply was submitted by petitioner.
3. Learned Senior Advocate appearing for petitioner submits that during proceedings allegedly an inquiry was conducted by a three Member Committee and its report was submitted before District Inspector of Schools and a copy of it was also forwarded to petitioner under the heading “Nilamban Sambandhi Vistrit Arop Patra (Jaanch Akhya) Apko Presit Hai”. Learned Senior Advocate submits that inquiry report cannot be treated as a charge sheet and that no charge sheet has been forwarded to petitioner till date, i.e., for about more than three and half months. He further submits that District Inspector of Schools approved suspension order by means of impugned order dated 24.01.2025 mainly on basis of above referred inquiry report, which could not be a basis since District
Inspector of Schools has to apply its own mind after hearing petitioner, however, no reason has been assigned to approve the
order of suspension.
4. Learned Senior Advocate appearing for Respondent-College submits that inquiry was conducted by a three Members Committee to ensure that allegations were prima facie exist or not. It was only for the purpose of suspension and in case no proper charge sheet has been submitted to petitioner, it will be submitted within a short period and thereafter inquiry be completed within a reasonable period. He also submits that allegations made in suspension order are serious in nature, which include using of unparliamentary language.
5. I have considered the above submissions and perused the material available on record.
6. On basis of above referred submission, it is clear that till date no proper charge sheet has been submitted to petitioner and he is under suspension for more than three and half months and accordingly till date inquiry is still not completed. The Court is of the view that inquiry report of a three Members Committee could not be considered as a charge sheet though it may be for the purpose of considering suspension of petitioner.
7. In aforesaid circumstances, this writ petition is disposed of with observation that if charge sheet is not submitted within a week for today and if submitted the inquiry is not concluded within three weeks thereafter with cooperation of petitioner, the suspension
order dated 26.11.2024 will be deemed to be kept in abeyance, subject to outcome of inquiry report.
Order Date :- 12.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad