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WPSS/1615/2025
2025 Latest Caselaw 4895 UK

Citation : 2025 Latest Caselaw 4895 UK
Judgement Date : 15 October, 2025

Uttarakhand High Court

WPSS/1615/2025 on 15 October, 2025

Author: Manoj Kumar Tiwari
Bench: Manoj Kumar Tiwari
               Office Notes,
              reports, orders
SL.           or proceedings
      Date                                     COURT'S OR JUDGES'S ORDERS
No           or directions and
             Registrar's order
              with Signatures
                                 WPSS No. 1615 of 2025
                                 Hon'ble Manoj Kumar Tiwari, J
                                 1.   Ms. Pushpa Joshi, learned Senior
                                 Counsel assisted by Ms. B.D. Pande, learned
                                 counsel for the petitioner.
                                 2.   Mr. Narayan Dutt, learned Standing
                                 Counsel for the State of Uttarakhand.
                                 3.   Mr. Rajendra Dobhal, learned Senior
                                 Counsel assisted by Mr. Shubhang Dobhal,
                                 learned counsel for respondent nos. 4 & 5.

4. Petitioner is serving as Lecturer in a Government aided college, namely, Janta Inter College, Rudrapur, District Udham Singh Nagar. He has been put under suspension vide order dated 12.09.2025. The charge against the petitioner is that an ex-student of the concerned college became pregnant because of intimacy developed by petitioner with her, which led her to commit suicide.

5. Learned Senior Counsel appearing for the petitioner submits that petitioner has been falsely implicated because of internal politics of the College; there is no material or basis whatsoever, for implicating petitioner in the matter, it is not known whether any ex-student of petitioner committed suicide or that she was pregnant; no FIR has been lodged by parents or family members of the student, who allegedly committed suicide and the matter has been blown out of proportion, based on anonymous complaint made by someone, who claims to be friend of the deceased.

6. Learned Senior Counsel for the petitioner submits that it is a case of witch hunting and petitioner is ready to face departmental enquiry, however, in the absence of any material, suspension order cannot be sustained.

7. Learned Senior Counsel for the respondent relied upon a judgment rendered by Hon'ble Supreme Court in the case of U.P. Rajya Krishi Utpadan Mandi Parishad & others vs. Sanjiv Rajan, reported as 1993 Supp (3) SCC 483.

8. Law is well settled that suspension is no punishment, however, suspension cannot be ordered for drop of a hat as held by Hon'ble Supreme Court in the case of State of Orissa vs. Bimal Kumar Mohanty, reported as (1994) 4 SCC 126.

9. In the present case, although a serious charge has been levelled against the petitioner, however, there is no material to support such charge.

10. Mr. Rajendra Dobhal, learned Senior Counsel for the respondent produced in Court a complaint written by Chairman, Enquiry Committee of Janta Inter College, Rudrapur, District Udham Singh Nagar, to the In-charge Inspector, Police Station Rudrapur.

11. The said complaint was lodged on 19.09.2025, which reveals that In-charge Inspector, Kotwali, Rudrapur was informed about some anonymous letter received in the Office of Manager of the concerned Institution, on 06.06.2025.

12. Learned Senior Counsel for the petitioner appears to be right in submitting that Management is involved in witch hunting and is trying to create false evidence to implicate the petitioner.

13. Let counter affidavit be filed within four weeks.

14. List this case on 12.12.2025.

15. Till the next date of listing, impugned suspension order 12.09.2025 shall remain stayed. However, disciplinary enquiry, if initiated against the petitioner, shall go on.

16. Stay application (IA No.1 of 2025) stands disposed of.

(Manoj Kumar Tiwari, J) 15.10.2025 Aswal

 
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