Ashutosh Singh Vs State of U.P. Thru. Secy. Higher Education and 4 Others — Allahabad HC (2025) — LawSathi Research

Ashutosh Singh Vs State of U.P. Thru. Secy. Higher Education and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction to the competent authority to conclude the disciplinary inquiry against the petitioner in accordance with law and relevant rules within six weeks from the date of receipt of a certified copy of the order, excluding any period of the petitioner's non-cooperation in the inquiry.

Issue for consideration

Whether the suspension order dated 11.09.2024 was per se illegal on the ground that it was passed by a Committee of Management which was not in existence on that date, the tenure of the earlier Committee having ended on 19.03.2024. +1 more

Court's answer

In view of the renewal certificate showing the society renewed w.e.f. 30.03.2024 for five years, the Committee of Management was in existence on the date of the petitioner's suspension, and therefore the sole ground urged to challenge the suspension order no longer subsists.

Ratio / Principle

The writ petition is disposed of with a direction to the competent authority to conclude the inquiry against the petitioner in accordance with law and relevant rules, to be concluded within six weeks from the date of receipt of a certified copy of the order.

Key takeaways

The petitioner shall cooperate in the inquiry proceedings; in case of non-cooperation the Inquiry Officer may inform the petitioner in writing, and the period of non-cooperation shall be excluded from the six-week period.ratio¶¶17

Detailed headnote1 paragraphs

Service law – Suspension of a Clerk in an educational institution – Challenge to suspension order dated 11.09.2024 solely on the ground that it was passed when no Committee of Management existed, reliance being placed on an RTI response (dated 12.12.2024) stating that the tenure of the earlier Committee had ended on 19.03.2024 and the new Committee was under process – Respondent no.3 produced the renewal certificate of the society showing renewal granted w.e.f. 30.03.2024 for five years (certificate issued 20.11.2024) – Held, the Committee of Management was in existence on the date of suspension and the only ground of challenge no longer subsisted – Since a charge sheet had since been issued and the petitioner's reply filed, the writ petition was disposed of directing the competent authority to conclude the inquiry in accordance with law and relevant rules within six weeks of receipt of a certified copy of the order, with the period of any non-cooperation by the petitioner (to be intimated in writing by the Inquiry Officer) excluded – Coram: Hon'ble Abdul Moin, J., High Court of Judicature at Allahabad, Lucknow Bench.

Neutral Citation No. - 2025:AHC-LKO:7757

Court No. - 5

Case :- WRIT - A No. - 1151 of 2025

Petitioner :- Ashutosh Singh

Respondent :- State Of U.P. Thru. Secy. Higher Education And 4 Others

Counsel for Petitioner :- Sri Niwas Jaiswal,Vimal Kishor Singh

Counsel for Respondent :- C.S.C.,Manish Singh Chauhan,Tushar Mittal

Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner, learned Standing Counsel for respondent no.1, Sri Tushar Mittal, learned counsel for respondent no.2, and Sri Manish Singh Chauhan, learned counsel for respondent no.3.

The crux of the issue urged is that the petitioner, a Clerk in the Institution of the respondents, has been suspended vide order dated 11.09.2024, a copy of which is Annexure-1 to the petition.

Reliance had been placed by the learned counsel for the petitioner on the information obtained under Right to Information Act, 2005 (hereinafter referred to as the 'Act, 2005') given by respondent no.2-the University per which the tenure of the earlier Committee of Management had ended on 19.03.2024 and the new Committee is under process. The information has been given on 12.12.2024.

The argument is that once there was no Committee of Management as on the date of passing of the order impugned dated 11.09.2024 consequently the order of suspension having been passed by the Committee of Management is per se illegal.

Today learned counsel for respondent no.3 has produced the copy of the renewal certificate of the society per which the renewal of the society has been granted w.e.f. 30.03.2024 for a period of five years. The certificate has been issued on 20.11.2024.

Considering the aforesaid certificate it is thus apparent that as on date of suspension of the petitioner the Committee of Management was very well in existence. Thus, the only ground which has been urged by the learned counsel for the petitioner for raising a challenge to the suspension order no longer subsists.

At this stage, learned counsel for the petitioner states that as subsequent to the suspension order a charge sheet has been issued to which reply has already been submitted by the petitioner as such the competent authority be directed to conclude the inquiry within a specified time.

Considering the aforesaid the writ petition is disposed of with a direction to the competent authority to conclude the inquiry against the petitioner in accordance with law and relevant rules which inquiry would be concluded within period of six weeks from the date of receipt of a certified copy of this order.

9.Needless to mention that the petitioner shall cooperate in the inquiry proceedings and in case the petitioner does not cooperate, the Inquiry Officer would be at liberty to inform the petitioner in writing about his non-cooperation and the period of non-cooperation would be excluded from the aforesaid period.

Order Date :- 6.2.2025

A. Katiyar

Digitally signed by :- AMIT KATIYAR High Court of Judicature at Allahabad, Lucknow Bench