Arvind Negi vs State Of Uttarakhand And Others

Manoj Kumar Tiwari, J

Petitioner has served as Principal of the Government Aided Inter College, namely, Inter College Dhamkeshwar, Pauri Garhwal, who retired on 30.09.2022. About two months before his retirement i.e. on 04.08.2022, petitioner was placed under suspension by the Manager of the concerned Institution on certain charges. In this writ petition, petitioner has challenged the suspension order dated 04.08.2022. It was contended by the learned counsel for the petitioner that no approval in terms of Section 39(7) of The Uttarakhand School Education Act, 2006 has been granted by the competent authority. Thus, according to him, the order of suspension passed against the petitioner cannot be sustained. He has also drawn attention of this Court to the provision contained in Regulation 29 of the Regulations framed under the said Act.

Learned counsel appearing for the Committee of Management had relied upon a document enclosed as Annexure No.1 to the counter affidavit filed by respondent no.5 for contending that the Chief Education Officer, Pauri Garhwal had granted necessary approval to petitioner’s suspension, vide order dated 21.07.2022. Since there was no clarity as to whether approval of the competent authority was granted to petitioner’s suspension, we, therefore, had directed the Director, School Education to look into this aspect of the matter and submit his report.

In sequel to the said order, Standing Counsel has produced a communication dated 25.11.2023 received from the Office of Director, School Education, which is taken on record.

Perusal of the said communication indicates that necessary approval in terms of Section 39(7) of Uttarakhand School Education Act and Regulation 33 and 34 of the Regulation framed under the said act was not granted by the competent authority.

Since approval of the competent authority is a pre-condition for putting Head of Institution under suspension and such approval was not granted, therefore as a natural corollary, the impugned order of suspension passed against the petitioner cannot be sustained. Accordingly, the writ petition is allowed. Impugned suspension order dated 04.08.2022 is set aside.

The Chief Education Officer, Pauri Garhwal is directed to examine petitioner’s claim for arrears of salary from March, 2021 till December, 2021 and the Chief Education Officer shall also pass necessary order for payment of salary in respect of the period during which petitioner was placed under suspension.