RAMKHILAWAN, PRINCIPAL, BHIMRAO JUNIOR HIGH SHCOOL, BHEEM NAGAR (OONCHA) DISTRICT JALAUN v. STATE OF U.P. AND 3 OTHERS
WRIA/857/2025 · 2025-01-22
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8913 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8913 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:10954 Court No. - 7 Case :- WRIT - A No. - 857 of 2025 Petitioner :- Ramkhilawan, Principal, Bhimrao Junior High Shcool, Bheem Nagar (Ooncha) District Jalaun Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Faizan Siddiqui,Manjur Mohammad Ansari Counsel for Respondent :- C.S.C.,Sudheer Rana Hon'ble Prakash Padia,J.
1. The order of suspension dated 29.11.2024 has passed by the Manager of the Institution as well as the order of approval of the aforesaid order of suspension dated 27.12.2024 passed by respondent no.2- District Basic Education Officer, Jalaun at Orai are under challenge in the present petition.
2. After some arguments, learned counsel for the petitioner confine his prayer only in respect of the order dated 27.12.2024 passed by respondent no.2 by which the order of suspension has been approved.
3. It is argued that before passing the aforesaid order, no opportunity of hearing has been provided to the petitioner. It is also argued that the aforesaid order is non speaking order.
4. Learned Standing Counsel has accepted notice on behalf of respondent no.1- State, Sri Sudheer Rana, learned counsel accepted notice on behalf of respondent Nos.2 & 4 and Sri Devansh Mishra, learned counsel appearing for respondent no.3.
5. It is argued by learned counsel for the petitioner that the
order of approval of suspension of the petitioner dated 27.12.2024 passed by the respondent No.2 is per se illegal as the same has been passed without application of mind and no reasons whatsoever has been assigned in the suspension order.
6. Heard learned counsel for the parties and perused the record.
7. From perusal of the record, it is clear that the order dated 27.12.2024 has been passed by respondent no.2 in complete violation of principle of natural justice and this fact is also admitted by learned counsel for respondents.
8. In this view of the matter, the order dated 27.12.2024 passed by the respondent No.2 is liable to be set aside and the same is hereby set aside. The respondent no.2 is directed to pass fresh
order strictly in accordance with law but after providing opportunity of hearing to all the parties concerned expeditiously and preferably within a period of six weeks from the date of production of a certified copy of this order.
Order Date :- 22.1.2025 C. MANI Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad