Sushil Kumar vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

Sushil Kumar vs State of U.P. and 5 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of with a direction that the District Inspector of Schools, Jalaun at Orai shall pass an order on the petitioner's suspension within two weeks; failing that, the Committee of Management will allow the petitioner to join as ad hoc Principal, subject to the outcome of the ongoing inquiry.

Issue for consideration

Whether, with neither approval nor disapproval of his suspension having been issued after the earlier disapproval stood set aside and more than 60 days having elapsed, the petitioner's suspension ought to be deemed inoperative and he is entitled to join as ad hoc Principal. +1 more

Court's answer

If the District Inspector of Schools fails to pass an order on the suspension within the said two-week period, the Committee of Management will allow the petitioner to join as ad hoc Principal.

Ratio / Principle

Because the District Inspector of Schools had sat over the matter for more than two and a half months, this Court disposed of the writ petition with a direction that the District Inspector of Schools, Jalaun at Orai shall pass an order on the petitioner's suspension within two weeks from the date of the order.

Key takeaways

Any such reinstatement of the petitioner as ad hoc Principal will be subject to the outcome of the inquiry, which the Court was informed is still underway.ratio¶¶12

Detailed headnote1 paragraphs

Allahabad High Court (Neutral Citation 2025:AHC:32282), Saurabh Shyam Shamshery, J., disposing Writ-A No. 2894 of 2025 (Sushil Kumar v. State of U.P. & 5 others), order dated 6.3.2025: An ad hoc Principal suspended by the respondent college had his suspension disapproved by the District Inspector of Schools (DIS), Jalaun at Orai, vide order dated 09.11.2024; that disapproval was set aside on 18.12.2024 in favour of the Committee of Management (Writ-A No. 19468 of 2024) for violation of principles of natural justice. Thereafter the DIS neither approved nor disapproved the suspension for over two-and-a-half months, past the 60-day period counsel urged as triggering deemed lapse of the suspension. This Court did not itself declare the suspension lapsed; it disposed of the petition with a two-week ultimatum: the DIS shall pass an order on the suspension within two weeks, failing which the Committee of Management shall allow the petitioner to join as ad hoc Principal, such joining remaining subject to the outcome of the inquiry admittedly still underway.

Neutral Citation No. - 2025:AHC:32282

Court No. - 10

Case :- WRIT - A No. - 2894 of 2025

Petitioner :- Sushil Kumar Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- R.B. Pal,R.P. Tiwari Counsel for Respondent :- C.S.C.

Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri R.P. Tiwari, learned counsel for petitioner and Sri Saurabh, learned Standing Counsel for State-Respondents.

Petitioner while working as ad hoc Principal of RespondentCollege was put under suspension and it was disapproved by District Inspector of Schools, Jalaun at Orai vide order dated 09.11.2024.

Learned counsel for petitioner submits that aforesaid order was subject matter of challenge at the behest of Committee of Management in Writ-A No. 19468 of 2024. Said writ petition was allowed vide order dated 18.12.2024 on ground that principle of natural justice were violated, therefore, impugned order therein was set aside.

Learned counsel for petitioner submits that thereafter District Inspector of Schools has neither approved nor disapproved the suspension order of petitioner and since 60 days have already expired after aforesaid order, suspension order ought to have been deemed to be inoperative and, therefore, he is now entitled to join as ad hoc Principal.

Learned Standing Counsel submits that there was no direction to pass a fresh order in above referred order dated 18.12.2024, therefore, District Inspector of Schools has not passed a fresh

order though he was required to pass a fresh order. He further submits that if the order has still not been passed, concerned District Inspector of Schools will pass order within two weeks from today.

In aforesaid circumstances, since District Inspector of Schools is sitting over the matter for last more than two and half months, therefore, this writ petition is disposed of with a direction that District Inspector of Schools, Jalaun at Orai shall pass an order on suspension of petitioner within a period of two weeks from today. In case no order is passed within aforesaid period, the Committee of Management will allow the petitioner to join as ad hoc Principal, which will be subject to outcome of inquiry as it is informed that inquiry is still underway.

Order Date :- 6.3.2025 AK

Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad