Disposed

Brij Kishor v. Committee of Management Janta Mahavidyalay and 2 Others

Allahabad HC15 Jul 2024WRIA/10046/2024

Case brief

AI extract

What is this about?

Petitioner challenged order imposing stoppage of two increments. Court held that under Section 35(2) of the U.P. State Universities Act and University rules, such punishment requires Vice Chancellor's approval. Writ petition disposed of by directing Vice Chancellor to take decision within one month, keeping punishment order suspended.

What did the court decide?

Punishment order suspended; Vice Chancellor directed to take appropriate decision within one month.

Brij Kishor vs Committee of Management… — Pension and Retirement Benefits | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120932

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Court No. - 9

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Case :- WRIT - A No. - 10046 of 2024

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Petitioner :- Brij Kishor

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Respondent :- Committee Of Management Janta Mahavidyalay And 2 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh,Sharad Chand Rai

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Counsel for Respondent :- C.S.C.,Rohit Pandey

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Hon'ble Subhash Vidyarthi,J.

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Heard Sri Indra Raj Singh, the learned counsel for the petitioner, Sri Gaya Prasad Singh, learned Standing Counsel for the opposite party no.3 and Sri Rohit Pandey, the learned counsel for Chhatrapati Sahu Ji Maharaj University, Kanpur.

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By means of the instant writ petition filed under Article 226 of the Constitution of India the petitioner has challenged the validity of an order dated 11.05.2024, passed by the Secretary, Janta Mahavidyalay Ajitmal, Auraiya imposing punishment of stoppage of two increments of the petitioner.

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Submission of the learned counsel for the petitioner is that Section 35 (2) U.P. State Universities Act, 1973 provides that every decision of the management of a college to punish a teacher in any manner, shall before it is communicated to him, be reported to the Vice Chancellor and it shall not take effect unless it has been approved by the Vice Chancellor.

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Sri Rohit Tripathi, the learned counsel appearing on behalf of the opposite party no.2 does not dispute this legal position and additionally he submits that the First Schedule of the Chhatrapati

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Sahuji Maharaj University also provides in Chapter 17.06 (4) that a resolution passed by the Management of the College inflicting a punishment shall be reported to the Vice Chancellor and shall be operative only when and to the extent, approved by the Vice Chancellor.

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Accordingly, writ petition is disposed of by providing that the Vice Chancellor of the University shall take appropriate decision regarding the punishment order dated 11.05.2024, passed by the opposite party no.1 within a period of one month from today. Till the Vice Chancellor takes a decision in this regard the punishment order dated 11.05.2024 shall not remain in operation.

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(Subhash Vidyarthi, J.)

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Order Date :- 29.7.2024 Ram.

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad

Brij Kishor v. Committee of Management Janta Mahavidyalay and 2 Others

Case brief

What is this about?

What did the court decide?

Brij Kishor v. Committee of Management Janta Mahavidyalay and 2 Others

Case brief

What is this about?

What did the court decide?

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