Mayank Shekhar Rai vs State Of U.P. And 2 Others
2021 Latest Caselaw 9960 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 6
 

 
Case :- WRIT - A No. - 8923 of 2021
 

 
Petitioner :- Mayank Shekhar Rai
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Shantanu Khare,Sr. Advocate Shri Ashok Khare
 
Counsel for Respondent :- C.S.C.,Rajnish Kumar Srivastava
 

 
Hon'ble Pankaj Bhatia,J.

The present petition has been filed challenging the suspension order dated 7.7.2021, whereby the petitioner was placed under suspension.

A perusal of the said order shows that the petitioner was alleged to have obtained two simultaneous graduation degrees from the same University, from two different colleges and it was further alleged that in an enquiry in that respect, the petitioner was not cooperating, as such he was placed under suspension.

Shri Ashok Khare, learned Senior Advocate, argues that the nature of the offences alleged against the petitioner are not of such a nature that entail suspension. He further places reliance that this issue was squarely considered by this Court in Writ-A No. 5210 of 2020 (Arvind Prakash Dwivedi Vs. State of U.P. and Others), Judgment dated 25.8.2020, which was affirmed in Special Appeal Defective No. 898 of 2020 (Board of Basic Education and Another Vs. Arvind Prakash Dwivedi and others).

Learned counsel appearing on behalf of Committee of Management on the other hand has placed a copy of the charge-sheet said to have been issued on 12.7.2021 containing the specific charge as recorded in the suspension order and two other charges, one being of alleged insubordination and second being pertaining to the activities in the Institution, which is leading to discontent amongst the students and the parents.

The said two charges do not form basis for suspension. In any event the reasons as disclosed in the suspension order are not serious enough so as to entail the suspension of the petitioner on that ground, particularly in view of the judgment of this Court in the case of Arvind Prakash Dwivedi (Supra). As such, the present writ petition is disposed off with a direction that the enquiry instituted against the petitioner shall be concluded as expeditiously as possible, in accordance with law, however, the order of suspension dated 7.7.2021 shall not be enforced against the petitioner.

Learned counsel for the petitioner assures this Court that the petitioner shall cooperate with the enquiry and extend all co-operation for conclusion of enquiry.

The writ petition is disposed off.

Copy of the order downloaded from the official website of this Court shall be treated/accepted as certified cop of this order.

Order Date :- 10.8.2021

S. Rahman