Petitioner challenged the refusal to suspend a teacher pending domestic inquiry. The court dismissed the writ, noting charges lacked specificity and did not justify suspension. The domestic inquiry proceeds unaffected.
Writ petition dismissed; observation does not prejudice the domestic inquiry.
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Court No. - 36
Case :- WRIT - A No. - 21546 of 2022
Petitioner :- C/M Adarsh Inter College Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C,Hritudhwaj Pratap Sahi,Samarath Singh,Sankalp Narain
Hon'ble Saumitra Dayal Singh,J.
Heard Sri Vinod Kumar Singh, learned counsel for the petitioner, learned Standing Counsel for the State and Sri Avnish Kumar Rai, holding brief of learned counsel for the private respondent.
Challenge has been raised to the order dated 05.12.2022 passed by the DIOS, Hathras. Thereby the said respondent has disapproved the suspension of the petitioner, a teaching faculty at Adarsh Inter College,Maho, Hathras.
It is settled law, the suspension order may be approved or disapproved considering the seriousness or otherwise of the charges levelled against the delinquent employee. Unless charges are such as may warrant suspension of service of such delinquent employee, no suspension may be made pending or domestic inquiry.
In the present case, the charge sheet referred to by the learned counsel for the petitioner does not contain even one (out of 16) charges which may be categorized as specific and therefore, in accordance with law. Neither the date nor the time nor the place of any occurrence has been described in any of the charges levelled against the petitioner. Certainly, if the charges are completely vague, they may never be such as may warrant suspension order. Though no conclusion is reached as to the defect of the domestic enquiry that is underway, at the same time, prima facie there is no basis to conclude that any of the charges are such as may warrant the order of suspension.
The DIOS has made due consideration of the most serious allegation being of assault. Adequate reasons have been given to disapprove the suspension order, even with respect to that charge.
The submission of learned counsel for the petitioner that the DIOS has dealt with the charges on merits, may not be correct in its entirety. Insofar as it is not disputed that the seriousness of
the charge has to be tested by the DIOS to exercise its discretion to approve or disapprove the suspension order, a brief narration of the same or consideration of the principle that mere lodging of the criminal prosecution may not result in automatic suspension considering the punishment being up to 3 years, does not amount to disapproving the charge.
Consequently, the writ petition lacks merit and is dismissed.
It is however made clear, domestic inquiry may go on, without being prejudiced by any observation made by this Court.
Order Date :- 21.12.2022 SP
Digitally signed by :- SALIM PRAVEJ High Court of Judicature at Allahabad
3 issues framed by the court
Whether suspension of a teaching faculty was justified given vague charges lacking date, time, or place.
Whether the District Inspector of Schools correctly exercised discretion in disapproving the suspension order.
Whether the writ petition challenging the disapproval of suspension has merit.
C/M Adarsh Inter College
State Of U.P.
Saumitra Dayal Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
