Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41375 Court No. - 7 Case :- WRIT - A No. - 3551 of 2025 Petitioner :- Sanjay Kumar Pandey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh,Sr. Advocate Counsel for Respondent :- C.S.C.,Deepak Kumar Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the petitioner, Sri Prabhakar Awasthi, learned counsel for respondent-Committee of Management and learned Standing Counsel for the State. 2. The writ petition is filed with the following prayer:
"i. to issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 1.3.2025 passed by the District Inspector of Schools Prayagraj in so far as the same proceeds to approve the suspension of the petitioner, as proposed by the management of the institution (Annexure-1 to the writ petition). ii. to issue a writ, order or direction in the nature of mandamus commanding the respondents to reinstate the petitioner on the post on which he was working in the institution before the passing of the impugned order along with all consequential benefits and also not to interfere with his peaceful working in the institution."
3. It is submitted by learned counsel for petitioner that the petitioner is working as Assistant Teacher in L.T. Grade in the respondent-Institution. Petitioner was placed under suspension by order dated 30.5.2024. The consideration for approval of suspension order is pending before the District Inspector of Schools and in the meantime, disciplinary proceeding was completed by the employer and a resolution for termination of petitioner was sent to the District Inspector of Schools for approval. The District Inspector of Schools by means of impugned order has disapproved the proposal for termination of petitioner moved by the Management and have directed de novo enquiry against petitioner, which is required to be completed in a time bound manner. The de novo enquiry be completed within one month. Learned counsel for petitioner submits that he is not challenging the portion with regard to de novo enquiry, the objection of petitioner is to the extent that approval of suspension order is not in accordance with law. 3-A. According to learned counsel for petitioner, no finding has
been recorded by the District Inspector of Schools as to why suspension order be approved particularly in view of Section 16-G (5) of the U.P. Intermediate Education Act, 1921.
Learned counsel for petitioner submits that once reasoning are not provided for approval of suspension order then the same is hit by provision of Sections 16-G (5) of the U.P. Intermediate Education Act, 1921. 4. Learned counsel for respondent-Committee of Management has opposed the prayer made by learned counsel for petitioner and submits that the suspension order has been approved by impugned order. Although, learned counsel for respondent- Committee of Management could not dispute the fact that reasons for approval are missing in the impugned order in terms of Section 16-G (5) of the U.P. Intermediate Education Act, 1921, therefore, learned counsel submits that the matter be remanded back to the District Inspector of Schools in respect of approval of suspension order. 5. At this stage, learned counsel for petitioner submits that he has no objection. 6. Learned Standing Counsel also submits that he has no objection. 7. In view of above, the impugned order dated 1.3.2025 passed by the District Inspector of Schools, Prayagraj is set aside to the extent of approval of suspension order of the petitioner and the matter is remanded back to the District Inspector of Schools, Prayagraj for decision afresh on the question of approval of suspension order of the petitioner in terms of Section-G (5) of the U.P. Intermediate Education Act, 1921. 8. Parties are directed to appear before the District Inspector of Schools, Prayagraj on 27th March, 2025. The District Inspector of Schools, Prayagraj shall give an opportunity of hearing to all the parties and pass appropriate order within next 15 days. 9. Accordingly, the writ petition is allowed. Order Date :- 21.3.2025 D. Tamang Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad