Rajeev Kumar Dwivedi & Anr. v. J.P. Singh, Ratnesh Pratap Singh

Sri Brahm Kumar Chaubey, learned Advocate has filed a caveat application on behalf of respondent no.3.

At the outset, learned counsel for the petitioner has prayed for and is permitted to implead the Manager of the institution, who has allegedly passed the suspension order dated 15.01.2026 in his individual capacity, in the cause title of the instant writ petition as respondent no.4, during course of the day.

Heard Sri J.P. Singh, learned counsel for the petitioners; Sri Prabhakar Awasthi, learned Senior Advocate, assisted by Sri Brahm Kumar Chaubey, learned counsel for respondent nos. 3 and 4; and learned Standing Counsel for the State respondents.

In view of the peculiar facts and circumstances of the present case, and order proposed to be passed hereinunder, this Court proceeds to decide the present writ petition finally, with the consent of the learned counsels for the parties present, without calling for their respective affidavits.

Facts culled out from the record are that Janta Inter College, Ranipur, Mau (in brevity 'institution), is recognised and aided Inter College. The provisions of U.P. Intermediate Education Act, 1921 and the regulation framed thereunder are applicable to the institution. The petitioner no. 1 (Rajeev Kumar Dwivedi) is the Head Clerk, and petitioner no. 2 (Arvind Kumar Singh) is the Assistant Clerk in the institution. Both the petitioners were suspended by separate orders dated 15.01.2026, allegedly passed by the Manager in his individual capacity. The said orders have been approved 2 WRIA No. 4565 of 2026 by the District Inspector of Schools (D.I.O.S.) vide order dated 07.03.2026.

The solitary submission advanced by learned counsel for the petitioners is that the Manager, in his individual capacity, lacks jurisdiction to pass an order of suspension against the employees unless the matter relating to suspension is resolved by the Committee of Management. The D.I.O.S. has illegally exercised its jurisdiction in approving such suspension orders, which are non est in the eyes of law. In support of his submission, learned counsel for the petitioner has made emphasis on the provisions contained under Section 16-G (6) of the Intermediate Education Act, 1921, read with Regulation 39 of Chapter III. He has further placed reliance upon the judgment passed by a Coordinate Bench of this Court in the matter of Committee of Management, Adarsh Ram Chandra Inter College, Chordiha, District Deoria and another Vs. District Inspector of Schools, Deoria and another, Civil Misc. Writ Petition No.22926 of 1993, decided on August 20,

Per contra, learned Senior Counsel for respondent nos. 3 and 4 has contended that the Committee of Management has passed the resolution the said dated 15.01.2026 the present petitioners, and to suspend resolution along with the suspension order was sent to the District Inspector of Schools for its consideration.

Having considered the rival submissions advanced by learned counsel for the parties and upon perusal of the record, it reflects that the District Inspector of Schools has passed the impugned order approving the suspension order dated 15.01.2026. However, there is no recital in the impugned order dated 07.03.3036 with regard to consideration of the alleged resolution dated 15.01.2026 passed by the Committee of Management, suspending the present petitioners from their respective posts. Even, learned Senior Counsel for the respondent nos. 3 and 4 is not in a position to rebut the submission advanced by the learned counsel for the petitioner regarding the absence of any such resolution passed by Committee of Management suspending the petitioners from their respective posts. Thus, I find substance in the submission as raised by the learned counsel for the petitioners.

In this conspectus, as above, no useful purpose would be served by keeping the present writ petition pending. Accordingly, the writ petition succeeds and is allowed. The impugned order dated 07.03.2026, passed by 3 WRIA No. 4565 of 2026 the District Inspector of Schools (respondent no. 2), is set aside. The matter is remitted to the respondent no.2 to pass a fresh order with regard to the approval to the suspension order after considering the resolution passed by the Committee of Management, if any, already available on record, expeditiously, preferably within a period of one month from the date of production of a certified copy of this order and a self attested copy of the instant writ petition.

It is expected that both the parties shall appear before the District Inspector of Schools along with the relevant documents, if any, on

22.04.2026. April 2, 2026 (Dinesh Pathak,J.)