IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.5909 of 2025 Date of Decision: 02.12.2025 _______________________________________________________ Murli Manohar Gupta …….Petitioner Versus State of Himachal Pradesh & others … Respondents _______________________________________________________ Coram: Hon’ble Mr. Justice Sandeep Sharma, Judge. Whether approved for reporting? 1 For the Petitioner: Mr. Tarun K. Sharma and Ms. Reena, Advocates. For the Respondents: Mr. Rajan Kahol and Mr. Vishal Panwar, Additional Advocate Generals with Mr. Ravi Chauhan, Advocate, for the respondent- State. Respondent No.5 present in person. ____________________________________________________ Sandeep Sharma, Judge(oral): By way of instant petition, petitioner has prayed for following main relief:- “That the respondents may kindly be directed to quash and set-aside the order dated 27.03.2025 (Annexure P-6) in the interest of justice and fair play.” 2. Precisely, the grouse of the petitioner, who is presently under suspension, is that though no complaint whatsoever was ever received from the office of Gram Panchayat , Kathad, Tehsil Sarahan, District Sirmour, Himachal Pradesh, regarding his misbehaviour, but yet respondent No.1, vide order dated 27.03.2025 (Annexure P-6) 1Whether the reporters of the local papers may be allowed to see the judgment? 2 proceeded to place him under suspension and initiated disciplinary proceedings against him. 3. Facts relevant for adjudication of the case at hand, as emerge from the pleadings adduced on record by the respective parties, are that petitioner herein, who had joined the respondent- Department as Junior Basic Teacher in the year 2002 was promoted to the post of Trained Graduate Teacher on 25.07.2005. After his having passed the test conducted by the Commission, he was appointed as Head Master with the respondent-Department on 01.10.2012. Petitioner was promoted to the post of Principal on 03.06.2016 and since 2022, had been working at Government Senior Secondary School, Mehando Bag, District Sirmour, Himachal Pradesh. 4. On 21.01.2025, staff members of the school made a joint complaint before the petitioner against Smt. Amra Devi(DPE) that Smt. Amra Devi is creating nuisance in the school campus on one pretext or other, as a result thereof, they are finding it difficult to perform their duties. The petitioner, being head of the institution, forwarded the complaint dated 21.01.2025 to the office of Deputy Director Higher Education, District Sirmour, Himachal Pradesh. On 20.03.2025, one show cause notice was issued by respondent No.3 to Smt. Amra Devi with a direction to explain her position within three days. Interestingly, before action, if any, could be taken against Smt. 3 Amra Devi, respondents issued order dated 27.03.2025 (Annexure P- 6), thereby proposing disciplinary proceedings against the petitioner on the basis of alleged complaint received from the office Gram Panchayat, Kathad, Tehsil Sarahan, District Sirmour, Himachal Pradesh, regarding his misbehaviour. Vide afore order, Secretary (Education) to the Government of Himachal Pradesh placed the petitioner under suspension. Upon receipt of aforesaid order, petitioner attempted to ascertain the nature of the complaint lodged against him. 5. During inquiry, it transpired that no complaint was ever received from the office of Gram Panchayat, Kathad regarding the alleged misbehaviour of the petitioner. In the aforesaid background, petitioner has approached this Court in the instant proceedings, praying therein for the relief, as has been reproduced hereinabove. 6. Pursuant to the notices issued in the instant proceedings, respondents No.1 to 3 have filed reply under the signatures and affidavit of Under Secretary (Education) to the Government of Himachal Pradesh, wherein it has been stated that on the basis of the complaint received from the office of Gram Panchayat, Kathad, District Sirmour alongwith parents of certain students, regarding the alleged misbehaviour of the petitioner, it came to the notice of the Department that environment of the Government Senior Secondary School, Mehndo Bag, District Sirmour, Himachal Pradesh was not 4 upto the mark. The Deputy Director Higher Education, Sirmour inquired into the matter and reported that for the restoration of the academic environment of the school, the Principal of the said school needs to be transferred to some other station. The Department also issued memorandum dated 13.05.2025 mentioning therein the grounds to the petitioner and asked him to file written defence to the charges framed against him. Taking note of seriousness of the matter, Department decided to appoint an Inquiry Officer to inquire into the charges framed against the petitioner vide letter dated 21.08.2025(Annexure R-1/1) and as of today, disciplinary proceedings are under way. 7. In nutshell, the grouse of the petitioner, as has been highlighted in the petition and further canvassed by learned counsel for the petitioner, is that sole reason for initiating disciplinary proceedings against the petitioner is alleged complaint made by the Gram Panchayat, Kathad, Tehsil Sarahan, District Sirmour, Himachal Pradesh. However, bare perusal of documents (Annexures P-8 & 9) adduced on record by the petitioner by way of CMP No. 12543 of 2025 reveals that, no complaint whatsoever was ever received from Gram Panchayat, Kathad with regard to misbehaviour of the petitioner and in that regard, Gram Panchayat, Kathad had not made any complaint to the school authorities. 5 8. Learned counsel for the petitioner, while making this Court peruse the documents (Annexures P-8 & P-9) adduced on record by way of application No.12543 of 2025, states that once it is apparent on record that no complaint of misbehaviour or misconduct was ever made by the Gram Panchayat, Kathad and in that regard, repeatedly clarifications were given to the Department, there is no occasion, if any, for continuation of disciplinary proceedings initiated against the petitioner, who otherwise being Principal of the school concerned had been discharging his duties diligently and honestly. 9. To the contrary, Mr. Vishal Panwar, learned Additional Advocate General, submitted that since communications allegedly written by the President, SMC, Government Senior Secondary School, Mehando Bag, District Sirmour and Pradhan, Gram Panchayat, Kathad were not annexed with the petition, no response to the same could be filed. He submitted that otherwise also, petitioner herein can produce these documents during the inquiry and in case same are found to be correct and genuine, appropriate orders shall be passed by the Inquiry Officer. Learned Additional Advocate General further submitted that due and admissible salary of the petitioner has already been released to him in terms of order dated 22.08.2025 passed by this Court, which fact has been fairly acknowledged by learned counsel for the petitioner. 6 10. Having taken note of the fact that disciplinary proceedings already stand initiated against the petitioner and since there is nothing to suggest that same have been concluded, coupled with the fact that allegation levelled against the petitioner may have serious consequences, this Court, having taken note of communications dated 17.05.2025 and 20.05.2025, addressed to Secretary(Education) to the Government of Himachal Pradesh by the President of SMC, Government Senior Secondary School Mehndo Bag and Pradhan, Gram Panchayat Kathad, deems it fit to dispose of the present petition with a direction to the respondents to consider aforesaid documents and if the same are found to be correct and genuine, appropriate steps may be taken to rectify the mistake, if any, committed by the Department, while ordering disciplinary proceedings against the petitioner. Needless to say, in case documents, as detailed hereinabove, are not found to be genuine and correct, disciplinary proceedings initiated against the petitioner vide order dated 27.03.2025 shall continue. In the aforesaid terms, the present petition is disposed of alongwith pending applications, if any. 1. p (Sandeep Sharma), Judge December 02, 2025 (shankar)