ABDUR RAHMAN Vs. STATE OF U P

JUDGEMENT

(1.) PRESENT writ petition has been filed by the petitioner, requesting therein that his suspension order be revoked and he may be reinstated back in service with salary. The petitioner, on account of having been arrayed as accused in criminal case and having been sent to jail, was placed under suspension. Petitioner was released on bail on 04.07.2008, and thereafter, he has been regularly and continuously visiting the institution, but he is not being permitted to discharge his duties and remuneration is also not being ensured to him. Petitioner has contended that he has been requesting the Committee of Management of the institution in this regard and the Manager of the institution on 11.02.2009 has sent a letter that for the purposes revocation of suspension, the petitioner should approach the District Basic Education Officer or the Finance and Accounts Officer or get appropriate orders from the Court. In the present case order of suspension has been passed by the Committee of Management of institution, and the institution, as the name suggests, is minority institution, as such it is the Committee of Management, who is entitled to decide as to whether suspension order is to continue or not? In the matter of suspension, District Basic Education Officer has got no role to play, and it is the prerogative of the employer either to keep the petitioner under suspension or proceed to revoke the order of suspension. Consequently, in the facts and circumstances of the case, the Managing Committee of the institution is directed to give objective consideration to the request of the petitioner and take decision as to whether suspension of the petitioner is liable to be continued or revoked. Said decision be taken within a period of six weeks from the date of receipt of a certified copy of this order. In terms of above observation and direction, writ petition stands disposed of.