S.R.Singh, J. - (1.) This special appeal is directed against the judgment dated 19.9.1999 whereby the learned single Judge has allowed the writ petition being Civil Misc. Writ Petition No. 19450 of 1999 filed by the Committee of Management. Mahatma Gandhi Vidyalaya Inter College, Vijai Nagar. Kanpur Nagar, in short the College, and quashed the order dated 12.4.1999 impugned in the writ petition. By order dated 12.4.1999 the District Inspector of Schools had revoked the suspension of the appellant in exercise of power under sub-section (8) of Section 16G of the U.P. Intermediate Education Act, 1921, in short the Act.
(2.) The appellant--a teacher In the college--was taken into custody on 27.2.1997 in connection with a criminal case registered under Section 304B and 498A of the Indian Penal Code. The deceased in the incident was the daughter-in-law of the appellant and because of his alleged involvement in the said case, the appellant was placed under suspension by the Committee of Management vide order dated 14.3.1997. The suspension was approved by the District Inspector of Schools vide order dated 26.4.1997 but it was revoked vide order dated 8.5.1997. This Court vide its judgment dated 28.10.1997. however, quashed the order dated 8.5.1997 and directed the District Inspector of Schools to pass a fresh order under sub-section (8) of Section 16G of the Act after affording opportunity of hearing to the Management. Consequent upon the judgment dated 28.10.1997. the parties were heard by the District Inspector of Schools who by his order dated 12.4.1999 revoked the suspension order as stated (supra) by order dated 12.4.1999 which order came to be quashed by the learned single Judge vide judgment dated 19.9.1999 which Is under challenge in this special appeal.
(3.) A perusal of the order dated 12.4.1999 of the District Inspector of Schools would show that the suspension order has been revoked. inter alia, on the grounds that the charge against the appellant was not related to his conduct as a teacher nor was it of such a gravity as could Justify his continuance under suspension for a long period of about two years ; that there would be no possibility of any interference in the process of investigation of the criminal cases if the appellant was allowed to take classes in the institution : that there was no question of making any disciplinary inquiry in respect of the conduct of the appellant during the pendency of the criminal case ; that if the appellant was allowed to perform his duties the same would not hamper or prejudice the conduct of disciplinary proceeding ; and that it would not be in the interest of the institution to keep a teacher under suspension for a long period. The learned single Judge in his judgment under challenge in this appeal held that the District Inspector of Schools had revoked the suspension of the appellant on Irrelevant consideration and that the possibility of continuation of the criminal case for a long period was also no ground for revoking the suspension order.;