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2025 DAILYLAW 34824 (ALL)

UMESH KUMAR SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/3948/2025 · 2025-04-22

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61419 Court No. - 7 Case :- WRIT - A No. - 3948 of 2025 Petitioner :- Umesh Kumar Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Vikram D. Chauhan,J. Heard learned counsel for the petitioner and learned Standing Counsel. It is submitted by learned counsel for the petitioner that the petitioner was placed under suspension on the ground that the petitioner was convicted in a criminal case. Initially, the suspension order was approved by the District Inspector of Schools. However, subsequently the conviction order against the petitioner has been set aside in Criminal Revision No.2193 of 2020. Once the foundation for placing the petitioner under suspension has been removed by order dated 6.2.2005 passed by this Court in Criminal Revision No.2193 of 2020. The petitioner has approached the District Inspector of Schools for revocation of the suspension order in view of the subsequent development by way of acquittal of the petitioner. The petitioner has filed a representation dated 7.3.2025 in this respect, which is pending consideration. On instructions, learned Standing Counsel submits that the District Inspector of Schools has given instructions that till date there is no proposal of the Committee of Management for revocation of the suspension order. It is to be seen that once the foundation for suspension of the petitioner was removed by the order passed by this Court, then the revocation of the suspension of the petitioner is required to be considered by District Inspector of Schools after giving opportunity of hearing to the petitioner and the Committee of Management of the institution. In view of the aforesaid, a direction is issued to the District Inspector of Schools to accord consideration with regard to revocation of suspension after giving opportunity of hearing to the petitioner as well as to the Committee of Management and pass appropriate order. The District Inspector of Schools while passing the order shall consider that whether the foundation for passing the suspension has been removed by the subsequent acquittal of the petitioner in Criminal Revision No.2193 of 2020. The aforesaid exercise would be completed within a period of two months from the date of production of a certified copy of this order. The writ petition stands disposed of. Order Date :- 23.4.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad