M.L.BHAT , J. - (1.) UPON this writ petition coming up for admission, learned counsel for the petitioner and learned counsel for the respondents were heard. The petitioner is aggrieved against an order of suspension which is without reason. He has referred to Section 16 -G of the U.P. Intermediate Education Act, and an authority of Division Bench of this Court reported in 1988 U.P.L.B.E.C. page 226 in support of his contention. Sri Sharma appearing for the other side has submitted that there are grave charges of misconduct against the petitioner, therefore, he has been suspended and a charge -sheet is to be served on the petitioner. In his opinion, the filing of charge -sheet would cure the defect which is apparent on the fact of the impugned order.
(2.) UNDER Section 16 -G, sub -clause (5) of the U.P. Intermediate Education Act, 1921 it is provided that - - 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.
(3.) INTERPRETING this sub -clause, the Division Bench of this Court in the authority referred to above has said that the order approving or disapproving the resolution of a management to suspended Principal or teacher must contain reason. The absence of reason would vitiate the order. It was held that the order itself must carry reason to show that the supervisory power was exercised in a fair manner. From the impugned order, it appears that there are no reasons given as to why the petitioner is to be suspended. The order simply says that the petitioner is hereby suspended. Therefore, in the absence of reasons, the impugned order of suspension cannot be sustained in view of the provisions of law as discussed by this Court in the authority referred to above. In this view, I am unable to sustain the order dated 31 -8 -90. The said order requires to be quashed.;