Mahendra Singh vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Mahendra Singh vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of without interfering with the suspension order dated 17.4.2025; directions that the charge-sheet, if still not handed over, be handed over to the petitioner (who may visit the office of the Basic Shiksha Adhikari, Hapur during office hours) and that the departmental proceedings be completed within six weeks, failing which (despite the petitioner's co-operation) the impugned suspension order shall be kept in abeyance subject to the outcome of the inquiry.

Issue for consideration

Whether the suspension order dated 17.4.2025 warrants interference by the High Court in the writ petition. +1 more

Court's answer

Taking note of the nature of allegations in the suspension order, the writ petition is disposed of without interfering with the suspension order dated 17.4.2025, with a direction that the charge-sheet be handed over to the petitioner if still not served.

Ratio / Principle

The petitioner may visit the office of the Basic Shiksha Adhikari, Hapur to receive the charge-sheet, and thereafter, in terms of the relevant provisions, the departmental proceedings must be completed within six weeks.

Key takeaways

If, despite the petitioner's co-operation, the departmental proceedings are not concluded within six weeks, the impugned suspension order shall be kept in abeyance subject to the outcome of the inquiry.ratio¶12

Detailed headnote1 paragraphs

Suspension of employee following surprise inspection of a school and inquiry report — challenge to suspension order dated 17.4.2025 — Court declined to interfere with the suspension order and disposed of the writ petition with directions: the charge-sheet (allegedly served through WhatsApp on 26.4.2025, receipt of which petitioner disputed) to be handed over, the petitioner being free to collect it from the office of the Basic Shiksha Adhikari, Hapur; departmental proceedings to be completed within six weeks; if not concluded despite the petitioner's co-operation, the suspension order to remain in abeyance subject to the outcome of the inquiry. (Allahabad High Court, Saurabh Shyam Shamshery, J.; Neutral Citation 2025:AHC:79752; Order dated 15.5.2025)

Neutral Citation No. - 2025:AHC:79752

Court No. - 6

Case :- WRIT - A No. - 6620 of 2025

Petitioner :- Mahendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Navin Kumar Sharma Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta

Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri Navin Kumar Sharma, learned counsel for the petitioner and Sri Harsh Vardhan Gupta for respondent nos.2 and 4.

Petitioner has approached this Court to challenge the suspension order dated 17.4.2025, which is a detail order.

Learned counsel for the petitioner submits that there was a surprise inspection of the school and on basis of inquiry report, show cause notice was issued to the petitioner which was satisfactorily replied by him, however, without taking note of it, suspension order was passed therefore, he prayed that it may be interfered with.

Learned counsel for the respondents submits that on basis of a detail inquiry report and after considering reply to the show cause notice, suspension order was passed as well as chargesheet has been served upon the petitioner by way of Whatsapp on 26.4.2025.

Learned counsel for the petitioner submits that he has no instructions about charge-sheet. However, if charge-sheet is already submitted, petitioner will submit his reply to it within a short period.

In the aforesaid circumstances taking note of nature of allegations mentioned in the suspension order and without

interfering with it, this writ petition is disposed of with a direction that charge-sheet if still not handed over to the petitioner, be handed over to him and for that he can visit the office of Basic Shiksha Adhikari, Hapur tomorrow during office hours and thereafter in terms of relevant provisions, departmental proceedings be completed within a period of six weeks and in case despite co-operation of petitioner, it is not concluded within the aforesaid period, impugned suspension order shall be kept in abeyance subject to outcome of inquiry. Order Date :- 15.5.2025 SB

Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad