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2025 DAILYLAW 7952 (ALL)

C/M SHRI SARDAR PATEL INTER COLLEGE. DEV NAGAR v. STATE OF U.P. AND 3 OTHERS

WRIA/1431/2020 · 2025-07-14

Donadi Ramesh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113977 Court No. - 38 Case :- WRIT - A No. - 1431 of 2020 Petitioner :- C/M Shri Sardar Patel Inter College. Dev Nagar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sandeep Kumar Counsel for Respondent :- C.S.C.,Rahul Srivastava Hon'ble Donadi Ramesh,J. 1. Heard learned counsel for the petitioner and learned counsel for the respondent no. 4. 2. This writ petition is filed by the Committee of Management questioning the orders dated 10.12.2019 passed by the District Inspector of Schools, Mathura. Wherein the respondent no. 3 District Inspector of Schools, Mathura has disapproved the suspension orders passed against respondent no. 4 vide order dated 11.10.2019. Aggrieved by the said order the present writ petition is preferred before the Court. 3. The main contention of the learned counsel for the petitioner is that the District Inspector of Schools ought not to have disapproved the suspension orders of the fourth respondent only on the ground that the said orders have been sent for approval after lapse of 60 days. 4. Considering the said submissions this Hon'ble Court passed the interim order on 31.01.2020 staying the operation of the disapproval of the order of the third respondent. 5. After notice the learned counsel for the respondent no. 4 has brought to the notice of the Court by way of interim order, the Court has only stayed the operation of the disapproval of the suspension order and there is no stay of enquiry. Even lapse of five years the respondents have not concluded the enquiry and they are not reviewed the suspension order of the petitioner in view of the interim order. 6. Considering the submissions and without going into the merits of the case, as the counsel for the petitioner has submitted that they have issued charge memo to the petitioner on 13.02.2020. In view of the same the liberty is given to the petitioner to conclude the enquiry within a period of three months and that shall be specific direction to the respondent no. 4 to cooperate with the enquiry and if the petitioner is not able to conclude the enquiry within a period of three months, it is needless to mention to review the suspension order 11.10.2019 and the petitioner be reinstated. 7. In view of the above direction, this petition is disposed of. Order Date :- 15.7.2025 Sharad/- (Donadi Ramesh, J.) Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad