ARVIND NEGI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Petitioner has served as Principal of the Government Aided Inter College, namely, Inter College Dhamkeshwar, Pauri Garhwal, who retired on 30/9/2022. About two months before his retirement i.e. on 4/8/2022, 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 dtd. 4/8/2022. It was contended by the learned counsel for the petitioner that no approval in terms of Sec. 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.

(2.) 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 dtd. 21/7/2022. 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.

(3.) In sequel to the said order, Standing Counsel has produced a communication dtd. 25/11/2023 received from the Office of Director, School Education, which is taken on record.