Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13835 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, Mr. Gaurav Bishan, learned counsel for the respondent nos.2 & 3 and the learned Standing Counsel for the State-respondents. By means of the present writ petition, the petitioner has prayed for quashing the impugned suspension order dated 02.09.2025 passed by respondent no.2/District Basic Education Officer, Hathras vide its Letter No.11208-11/2025-26 by which the petitioner was placed under suspension.
Learned counsel for the petitioner submits that the impugned suspension
order dated 02.09.2025 has been passed in an ex parte manner, without affording any opportunity of hearing or conducting any preliminary inquiry. He further submits that the impugned order has been issued in a cursory and arbitrary manner, in gross violation of the principles of natural justice, and is, therefore, liable to be quashed. Various facts and circumstances have been pleaded on behalf of the petitioner in the present writ petition for challenging the order of suspension. The charges so levelled against the petitioner are also disputed by the learned counsel for the petitioner and in that regard reliance has been placed upon various documents brought on record. Learned Standing Counsel as well as counsel for the respondent nos.2 and 3 submit that preliminary inquiry has been done, on the basis of which, charge sheet has been issued to the petitioner on 10.09.2025. He further Versus Counsel for Petitioner(s) : Abhishe Pandey, Irshad Ali Counsel for Respondent(s) : C.S.C., Gaurav Bishan Taufeeq Alam .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
submits that on the ground that the enquiry was not properly conducted, the Court cannot set aside the order of punishment. This Court is of the considered opinion that the charges so levelled against the petitioner cannot be examined at this stage, inasmuch as the explanation and documents relied upon by the petitioner can be a defence in the departmental inquiry, as during departmental inquiry, the petitioner will have ample opportunity to prove his innocence. In view of the aforesaid, this writ petition is disposed of with a direction that the departmental inquiry be initiated against the petitioner and brought to its logical end, strictly in accordance with law, at the earliest possible preferably within a period of three months from the date of production of a certified copy of this order before the disciplinary authority. September 16, 2025 Jitendra/- WRIA No. 13835 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad