Disposed

Arvind Kumar Gupta v. State of U.P. and 2 Others

Allahabad HC29 Nov 2022WRIA/19740/2022

Case brief

AI extract

What is this about?

Court held that a service suspension order lapsed due to non-approval by the District Inspector of Schools within the statutory 60-day period. Petitioner granted full salary from the date of suspension, subject to subsequent disciplinary outcome.

What did the court decide?

Petitioner granted full salary from 22.07.2022. DIOS directed to pass order after hearing both sides on disciplinary proceedings.

Arvind Kumar Gupta Vs State of U.P. and 2 Others — Service and Employment | Allahabad HC (2022)

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Court No. - 36

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Case :- WRIT - A No. - 19740 of 2022

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Petitioner :- Arvind Kumar Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Satya Prakash Singh,Bajrang Bahadur Singh Counsel for Respondent :- C.S.C.,Sunil Kumar Srivastava

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Hon'ble Saumitra Dayal Singh,J.

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Heard Shri Satya Prakash Singh, learned counsel for the petitioner; Shri Sunil Kumar Srivastava, learned counsel for Committee of Management and, learned Standing Counsel.

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Petitioner seeks quashing of the suspension order dated 22.07.2022 passed by respondent no.3/Principal, Shambhu Dayal Inter College, Ghaziabad. Alternatively, petitioner seeks a direction for timely payment of salary since that order of suspension has lapsed (for the time being) on 21.09.2022.

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Having heard learned counsel for the parties and having perused the record, it transpires, the petitioner is a Class IV employee at the respondent institution - Shambhu Dayal Inter College, Ghaziabad. He was suspended from service on 22.07.2022. Regulation 39 (3) under Chapter III of the Regulations framed under the U.P. Intermediate Education Act, 1921 contemplates, such suspension order may remain in force, in the first place, for the period of 60 days unless approved by the DIOS. Therefore, in absence of approval by the DIOS, it lapsed on 21.09.2022. Consequently, the delinquent employee became entitled to payment of full salary during the duration of the proceedings for aproval that would remain pending before the competent authority. Also, the disciplinary proceedings may go on.

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The only objection learned counsel for the Committee of Management has been able to raise is, the petitioner has not

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participated in the disciplinary proceedings. However, on specific query, he could not submit, no order of approval has been passed till date to approve the suspension order dated 22.07.2022.

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Accordingly, no useful purpose would be served in keeping the present petition pending or calling for counter affidavit at this stage.

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In view of the above, present petition is disposed of with the following directions:

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(i) As a consequence in law, the suspension order is seen to have lapsed on 21.09.2022, in absence of any order passed by the DIOS till date (to approve the same).

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(ii) Consequently, the petitioner has become entitled to full salary from 22.07.2022.

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(iii) The above consequence of payment of full salary would remain subject to the outcome of the order to be passed by DIOS. Respondent no.2/District Inspector of Schools, Ghaziabad may pass appropriate order after hearing both sides.

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(iv) Insofar as the disciplinary proceeding is concerned, the same may without being prejudiced by the observations made and direction issued, above.

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Order Date :- 29.11.2022 Prakhar

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Digitally signed by PRAKHAR SRIVASTAVA Date: 2022.11.29 18:11:18 IST Reason: Location: High Court of Judicature at Allahabad

Arvind Kumar Gupta v. State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Arvind Kumar Gupta v. State of U.P. and 2 Others

Case brief

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What did the court decide?

What the court decided

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