DESHRAJ SINGH Vs. STATE OF U P

JUDGEMENT

(1.) This petition is directed against an order passed by the Inspector on 21.1.2019 approving the resolution of the managing committee for placing the petitioner under suspension. This order is assailed on the ground that an opportunity of hearing has been denied to the petitioner and being violating of principles of natural justice the order itself is bad in law.

(2.) Though a short counter affidavit has been filed but it is admitted to the respondents that no opportunity of hearing has been afforded to the petitioner before approving the resolution of managing committee to place the petitioner under suspension. It is contended on behalf of respondent that an opportunity of hearing is not expressly provided for under section 16-G(7) of the U.P. Intermediate Education Act, 1921 and therefore there would be no necessity of affording an opportunity of hearing to the petitioner at this stage. Reliance is placed upon a Division Bench judgment of this Court in Ram Kripal Katiyar Vs. District Inspector of Schools and others, reported in, 2009 4 AWC 3202. Paragraph 5 of the aforesaid Division Bench judgment is reproduced hereinafter:-

(3.) The Division Bench for the purposes of holding that opportunity of hearing is not required to be given before passing an order of approval has essentially examined the nature of the order of suspension itself. It has been observed that suspension is not a punishment and no opportunity of hearing is required to be given before passing such order. Earlier judgments on the point in issue, in that regard, have been relied upon.