C/M Pt. Hanumat Dutt Tripathi ... vs State Of U.P. And 3 Others
2019 Latest Caselaw 6671 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 16392 of 2019
 

 
Petitioner :- C/M Pt. Hanumat Dutt Tripathi Inter College, Prayagraj, And Another
 
Respondent :- State Of U.P. And 3 Others
 
Counsel for Petitioner :- Samarath Singh,Hritudhwaj Pratap Sahi,Sankalp Narain
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abhinava Upadhya,J.

Heard Shri Samarath Singh, learned counsel for the petitioners and learned Standing Counsel for the State-respondents.

The petitioner no. 1 claims to be Committee of Management and has placed the Officiating Principal (respondent no. 4) under suspension pending inquiry on 9.8.2019. It is submitted that till date no charge sheet has been served on respondent no. 4. However, the suspension papers are pending for approval before the D.I.O.S., who has not passed any order.

Without approval an employee of the college can be suspended by the Committee of Management for a period of 60 days. That 60 days are now over. However, in view of the Full Bench judgment of this Court in the case of Chandra Bhushan Mishra Vs. District Inspector of Schools, Deoria and others, reported in 1995 (2) AWC 749, the D.I.O.S. can approve or disapprove the order of suspension.

The writ petition is disposed of with the observation that in case the suspension order has been filed for approval before the D.I.O.S., the same be considered and appropriate orders be passed after giving opportunity to all concerned, as far as possible, within one month from the date a certified copy of this order is presented before the D.I.O.S.

Order Date :- 19.10.2019

Sunil Kr. Gupta