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2025 DAILYLAW 27896 (ALL)

COMMITTEE OF MANAGEMENT, VISHWANATH TIWARI UCHCHATAR MADHYAMIK VIDYALAY AND ANOTHER v. STATE OF UP AND 4 OTHERS

WRIA/3116/2025 · 2025-04-29

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67251 Court No. - 7 Case :- WRIT - A No. - 3116 of 2025 Petitioner :- Committee Of Management, Vishwanath Tiwari Uchchatar Madhyamik Vidyalay And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- J.P.N. Singh Counsel for Respondent :- Ajitabh Choubey,C.S.C. Hon'ble Vikram D. Chauhan,J. 1. Learned counsel for the petitioners submits that petitioners are the Committee of Management and private respondent no. 5 who is working on the post of Principal has been placed under suspension by order dated 14.10.2024 and the order of suspension was sent to the District Inspector of Schools - respondent no. 3 for approval and by impugned order the disapproval order has been passed. Learned counsel appearing for the petitioners further submits that order of disapproval was not proceeded by any opportunity of hearing to the petitioners. Learned counsel for the petitioners further submits that opportunity of hearing to the petitioners was necessary prior to passing of the impugned order as there were serious allegations against the conduct of private respondent no. 5 and he has been found involved in abusing the Manager of the Institution at the gate of the office of District Inspector of Schools and also other serious allegations have already been levelled. The District Inspector of Schools while passing the impugned order has not decided the question of approval of suspension in terms of Section 16-G of the U.P. Intermediate Education Act, 1921 and have recorded the question of single operation of the account. Learned counsel for the petitioners further submits that question of single operation has already been decided by this Court by order dated 18.3.2025 passed in Writ-C No. 6620 of 2025. It is further submitted by learned counsel for the petitioners that while approving or disapproving the suspension order, the District Inspector of Schools is required to examine prima facie allegations that are levelled against the employee and whether there is any foundation for such allegations. However, without going into the order passed in the aforesaid writ petition on the question of single operation, the present order has been passed. 2. At this stage, learned counsel for respondent no. 5 and learned Standing Counsel for the respondent-State submit that matter may be remanded back to the District Inspector of Schools, Ballia - respondent no. 3 to decide the question of approval/disapproval of the suspension order in terms of Section 16-G of the U.P. Intermediate Education Act, 1921. 3. Learned counsel for the petitioners has no objection. 4. In view of the aforesaid, with the consent of the parties, the impugned order dated 28.11.2024 passed by the District Inspector of Schools, Ballia - respondent no. 3 is hereby set aside and the District Inspector of Schools, Ballia - respondent no. 3 is hereby directed to revisit the question of approval/disapproval of respondent no. 5 in terms of Section 16-G of the U.P. Intermediate Education Act, 1921. The aforesaid exercise shall be completed within a period of one month from the date of production of certified copy of this order after giving opportunity of hearing to the petitioners as well as respondent no. 5. 5. With the aforesaid observation/direction, the writ petition stands allowed. Order Date :- 30.4.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad