NARENDRA PAL SINGH Vs. STATE OF UTTARAKHAND AND ORS.
HIGH COURT OF UTTARAKHAND
NARENDRA PAL SINGH
State of Uttarakhand And Ors.
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Alok Singh, J. -
(1.) PETITIONER is posted as Assistant Teacher (LT Grade) with Raja Mahendra Pratap Prem Vidyalaya Inter College, Gurukul Narsan, Haridwar, District Haridwar. Petitioner was placed under suspension vide order dated 19.09.2013 in contemplation of disciplinary proceedings. Feeling aggrieved, petitioner has invoked writ jurisdiction of this Court under Article 226 of the Constitution of India. Writ petition was taken up for hearing on 19.11.2013 and this Court on 19.11.2013 passed following order:
"Mr. Rakesh Thapliyal, Advocate for petitioner. Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State. Mr. Parikshit Saini, Advocate for respondent Nos. 5 and 6. Present petition is filed assailing the suspension order dated 9th September, 2013. Mr. Rakesh Thapliyal, learned counsel appearing for petitioner has placed reliance on the judgment passed by this Court dated 30th October, 2013 in Writ Petition No. 1713 of 2013 (S/S) (Mahendrapal Singh v. State of Uttarakhand and others). Mr. Parikshit Saini, learned counsel appearing for respondent Nos. 5 and 6 seeks one day's time to examine the judgment. List on 21st November, 2013."
(2.) MR . Parikshit Saini, Advocate for respondent No. 5, handed over a copy of charges levelled against the petitioner, which is taken on record.
(3.) SUB -sections 5 and 6 of Section 39 of the Uttaranchal School Education Act, 2006 read as under:
(5) No Head of Institution or teacher shall be suspended by the Management, unless in the opinion of the Management -
(a) the charges against him are serious enough to merit his dismissal, removal or reduction in rank; or
(b) his continuance in office is likely to hamper or prejudice the conduct of disciplinary proceedings against him; or
(c) any criminal case for an offence involving moral turpitude against him is under investigation, inquiry or trial.
(6) Where any Head of Institution or teacher is suspended by the Committee of Management, it shall be reported to the District Education Officer within seven days from the date of the order of suspension and the report shall contain such particulars as may be prescribed and accompanied by all relevant documents."
Having perused sub -section 5 of Section 39 of the Act, this Court has absolutely no hesitation to hold that Head of the Institution or Teacher may be placed under suspension by the Committee of Management, if charges against him are serious enough on merit to dismiss or remove or reduce him in rank or his continuance in office is likely to hamper or prejudice the conduct of disciplinary investigation against him or any criminal case for an offence involving moral turpitude against him is under investigation, inquiry or trial.;
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