NAND KUMAR LAL Vs. AUTHORISED CONTROLLER AND OTHERS

JUDGEMENT

(1.) UPON this writ petition coming up for admission, learned counsel for the petitioner and learned counsel for the respondents were heard. The petitioner is aggrieved against an order of suspension which is without reason. He has referred to Section 16 -G of the U.P. Intermediate Education Act, and an authority of Division Bench of this Court reported in 1988 U.P.L.B.E.C. page 226 in support of his contention. Sri Sharma appearing for the other side has submitted that there are grave charges of misconduct against the petitioner, therefore, he has been suspended and a charge -sheet is to be served on the petitioner. In his opinion, the filing of charge -sheet would cure the defect which is apparent on the fact of the impugned order.

(2.) UNDER Section 16 -G, sub -clause (5) of the U.P. Intermediate Education Act, 1921 it is provided that - - No Head of Institution or teacher shall be suspended by the management, unless in the opinion of the management:

(3.) INTERPRETING this sub -clause, the Division Bench of this Court in the authority referred to above has said that the order approving or disapproving the resolution of a management to suspended Principal or teacher must contain reason. The absence of reason would vitiate the order. It was held that the order itself must carry reason to show that the supervisory power was exercised in a fair manner.