Heard Shri v. M. Zaidi, learned Senior Counsel assisted by
Case Details
Neutral Citation No. - 2022:AHC:224885 Court No. - 33 Case :- WRIT - A No. - 18690 of 2022 Petitioner :- Awais Ahmad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- M J Akhtar Counsel for Respondent :- C.S.C.,Mohammad Ali Ausaf Hon'ble Ashutosh Srivastava,J. 1. Heard Shri V. M. Zaidi, learned Senior Counsel assisted by Shri M.J.
Legal Reasoning
order is ex facie illegal and unsustainable in the eye of law and is liable to be set aside. 7. Shri V. K. Singh, learned Senior Counsel assisted by Shri Mohd. Ali Ausaf, learned counsel for respondent No. 4, in opposition to the writ petition, submits that the petitioner has committed serious financial irregularities in respect of the Mid Day Meal Scheme and payment of arrears thereof and the Committee of Management of the Madarsa has passed a resolution dated 26.5.2022 resolving to place the petitioner under suspension. A charge sheet has been served upon the petitioner by registered post on 19.11.2022, however, no reply has yet been filed by the petitioner. The allegation of the petitioner that the order suspending him is mala fide, is not substantiated as the petitioner has not impleaded anyone by name. Since, the petitioner is stated to have committed financial irregularities no interference is warranted
Arguments
Akhtar, learned counsel for the petitioner, learned Standing Counsel for the State-respondents Nos. 1 to 3 and Shri V. K. Singh, learned Senior Counsel assisted by Shri Mohammad Ali Ausaf, learned counsel for respondent No. 4. 2. This writ petition has been filed with the following reliefs:- (a) issue a writ, order or direction in the nature of certiorari quashing the order dated 29.5.2022 passed by respondent No. 4. (b) issue a writ, order or direction in the nature of mandamus commanding the respondents to revoke the suspension of the petitioner as after expiry of five months, no alleged inquiry has been completed. (c) issue a writ, order or direction in the nature of mandamus directing the respondents to pay regular salary as and when it fell due to the petitioner and also not to interfere in the working of petitioner as Principal, Madarsa Ashrafia Ahle Sunnat Anwarul Uloom Khadda Bazar, Kushinagar. 3. It is the case of the petitioner that he was suspended vide order dated 29.5.2022 passed by Committee of Management of the Madrasa in question on the ground of registration of an FIR giving rise to Case Crime No. 82 of 2019, under sections 419, 420, 467, 468, 471, 504, 506, IPC and Case Crime No. 118 of 2022 under sections 419, 420, 467, 468, 471, 504, 506, IPC for the allegations of having committed embezzlement in respect of Mid Day Meals scheme and forging payment of arrears. 4. It is contended that though the petitioner has been suspended vide order dated 29.5.2022 till filing of the writ petition no inquiry officer has been appointed nor any inquiry has been initiated and the petitioner continuous to be placed under suspension. Meanwhile, in the Criminal Case No. 82 of 2019, the Investigating Officer has already submitted final report and to the best of the knowledge of the petitioner, the same has been accepted by the competent Court. No further challenge has been laid by the respondent No. 4. In respect of the other Case No. 118 of 2022, the arrest of the petitioner has been stayed by this Court vide order dated 8.6.2022 passed in Crl. Writ Petition No. 6931 of 2022, which writ petition is pending before this Court. 5. It is further contended that the suspension of the petitioner is mala fide inasmuch as the respondent No. 4 through its Manager is having a grudge against the petitioner. The manager is in inimical terms with the petitioner and has also attacked the petitioner. The petitioner has lodged two criminal cases against him, being Case Crime No. 63 of 2019, under Sections 406, 506 IPC, Police Station Khadda, District Kushi Nagar and Case Crime No. 26 of 2022, under Sections 323, 504, 506 IPC, Police Station Khadda, District Kushi Nagar. The respondent No. 4 proceeded to terminate the services of the petitioner vide order dated 31.5.2018 which was challenged by petitioner by means of Writ Petition No. 15677 of 2018 and this Court stayed the order dated 31.5.2018 vide order dated 25.7.2018. The termination order was also disapproved by the Registrar/Inspector, UP Madarsa Education, U.P. vide order dated 30.1.2019 and the petitioner was permitted to work as Principal of the Madarsa under order dated 13.2.2019 of the District Minority Welfare Officer, Kushi Nagar. Now, the petitioner has been placed under suspension on totally false and frivolous charges. 6. Shri V. M. Zaidi, learned Senior Counsel appearing for the petitioner contends that the suspension order is mala fide as even after passing of nearly six months, no inquiry into the allegations have been initiated and no charge sheet has been served. The criminal case lodged against the petitioner has resulted in final report submitted by the Investigating Officer and stay order passed by this Court. The impugned order is also ante dated inasmuch as salary up to the month of September, 2022 has been withdrawn and paid under the signatures of the petitioner. No show cause notice has been issued to the petitioner and straightaway the petitioner has been suspended. The suspension
Decision
by this Court. The writ petition is liable to be dismissed. 8. Having heard the learned counsel for the parties and having perused the record, the Court finds that the petitioner was suspended by order dated 29.5.2022, however, the charge sheet has been served only on 19.11.2022 almost after six months. The Court is of the opinion that ends of justice shall stand sub-served if the writ petition is disposed off without interfering with the suspension order dated 29.5.2022 requiring the respondents to conclude the pending inquiry proceedings against the petitioner within four months of service of certified copy of the order of this Court upon the respondents. The petitioner is expected to extend full co-operation in the inquiry. In case the inquiry proceedings are not completed by the respondent within the time allowed, the suspension order dated 29.5.2022 passed against the petitioner shall stand revoked and the petitioner shall stand reinstated on the post of Principal of the Madarsa in question and entitled to his salary month to month as and when dues. 9. The writ petition is disposed off accordingly. Order Date :- 1.12.2022 Ravi Prakash Digitally signed by :- Digitally signed by :- RAVI PRAKASH RAVI PRAKASH High Court of Judicature at Allahabad High Court of Judicature at Allahabad