Pratibha Rani Bajpai vs State of U.P.and others

V.K. Shukla, J.

In the present case, petitioner was placed under suspension, and papers were transmitted to the District Inspector of Schools, Shahjahanpur, for the purposes of according approval. The District Inspector of Schools in his turn called upon the Management as well as the petitioner to appear before him with their respective claim. Thereafter order dated 04.12.2008 has been passed according approval to the resolution placing the petitioner under suspension. At this juncture present writ petition has been filed.

Sri Ashok Khare, Senior Advocate, assisted by Sri S.K. Srivastava, Advocate, contended with vehemence that in the present case there is gross illegality on the part of the District Inspector of Schools at the point of time when he proceeded to accord approval to the resolution placing the petitioner under suspension, as no reasons have been assigned for according approval, as such impugned order is unsustainable.

Sri Prabhakar Awasthi, Advocate, on the other hand, contended that rightful decision has been taken, as such no interference be made.

With the consent of the parties, based on the impugned order, present writ petition is being heard and disposed of finally.

The impugned order passed by District Inspector of Schools dated 04.12.2008 has been perused. Said order reflects that by letter dated 31.10.2008 , respective parties were asked to file their version, and pursuant to the same, the Principal and the Manager of the institution appeared before the District Inspector of Schools, who has proceeded to note down the respective version made by the Principal, Manager as well as petitioner, and thereafter without recording any reason, whatsoever, the District Inspector of Schools has proceeded to pass the order of approval on the basis of the arguments advanced and evidence adduced. Thus, this is writ apparent on the face of the order itself, that no reasons have been recorded by the District Inspector of Schools at the point of time when he proceeded to accord approval to the resolution placing the petitioner under suspension, though it was obligatory on the part of the District Inspector of Schools to have given reasons as to why such approval was being accorded, as no such exercise has been undertaken; as such order impugned is not being approved.

Consequently, writ petition succeeds and is allowed. The order dated 04.12.2008 passed by District Inspector of Schools, Shajahanpur, is hereby quashed and set aide. The matter is remitted back to the said authority for being redecided, in accordance with law, by mans of reasoned and speaking order, after affording opportunity of hearing to the petitioner as well as the Management of the institution, within six weeks from the date of receipt of certified copy of this order.