Allahabad High Court
Dr. Umesh Chand Upadhyay vs State Of U.P. & Others on 9 October, 2012
Author: V.K. Shukla
Bench: V.K. Shukla
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 30 Case :- WRIT - A No. - 52502 of 2012 Petitioner :- Dr. Umesh Chand Upadhyay Respondent :- State Of U.P. & Others Petitioner Counsel :- K.N. Mishra Respondent Counsel :- C. S. C.,K. Shahi,Sapan Kr. Singh Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of respondent Nos. 1 and 4. Sri Shesh Kumar and Sri K. Shahi, Advocates have entered appearance on behalf of respondent Nos. 3 and 2 respectively.
Each one of the respondents is accorded six weeks' time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
In the present case contention of the petitioner is that the power of suspension has been colourably exercised and the for the Degrees and certificates, which are decade old, for the same petitioner has been sought to be placed under suspension on the premises that they had been obtained without taking prior permission, whereas fact of the matter is that said courses had been perused after due permission had been undertaken, and the real reason behind this is that the petitioner contested his claim for being appointed as Head Master of the institution. Further submission of the petitioner is that since the institution in question has been upgraded from Junior High School to High School and as of now it is an Intermediate College, and the provisions of U.P. Act No.2 of 1921 are applicable, and in view of this once order of suspension has not been approved by the District Inspector of School, within sixty days then for all practical purposes, it has become inoperative, by operation of law, as Section 16G (7) is categorical if suspension order is not approved in writing, same shall become inoperative.
Prima facie, argument advanced has substance and the matter requires consideration by this Court, as such looking into the charges leveled against the petitioner and the background of the case as described, the operation of the impugned order of suspension dated 26.06.2012 is directed to be kept in abeyance with the rider that the petitioner shall abide by the directions of the Management of the institution and shall cooperate in the smooth running of the institution. The petitioner is also directed to extend all cooperation in the disciplinary proceedings that would be undertaken against him.
Order Date :- 9.10.2012 SRY