S. Saghir Ahmad, J. - (1.) -
(2.) THE petitioner, who is a Principal of V. D. T. Inter College, Mianganj, Unnao, has been placed under suspension by the impugned order dated 16-S-84 in contemplation of the disciplinary proceedings which were proposed to be initiated against him. It is contended on behalf of the petitioner that there is no provision under the U. P. Intermediate Education Act or the Regulations framed thereunder empowering the management of an institution or the Authorised Controller (in the instant case) to suspend a Principal in contemplation of the disciplinary proceedings and, therefore, the impugned order which was passed by the Authorised Controller and by which the petitioner was placed under suspension in contemplation of the disciplinary proceedings was liable to be set aside. Section 16-G of the U. P. Intermediate Education Act provides as under J- " 16-G. Conditions of service of Heads of Institutions, teachers and other employees-(1) Every person employed in a recognised institution shall be governed by such conditions of service as may be prescribed by Regulations and any agreement between the management and such employee in so far as it is consistent with the provisions of this Act or with the Regulations shall be void. (2) Without prejudice to the generality of the powers conferred by subsection (1), Regulations may provide for- (a) the period of probation, the conditions, confirmation and the procedure and conditions for promotion and punishment, (including suspension pending or in contemplation of inquiry or during the pendency or investigation, inquiry or trial in any criminal case for an offence involving moral turpitude) and the emoluments for the period of suspension and termination of service with notice ; (b) the scale of pay and payment of salaries ; (c) transfer of service from one recognised institution to another ; (d) grant of leave and Provident Fund and other benefits ; and (e) maintenance of record of work and service. (3) (a) No Principal, Headmaster or teacher may be discharged or removed or dismissed from service or reduced in rank or subjected to any diminution in emolutions, or served with notice of termination of service except with the prior approval in writing of the Inspector. The decision of the Inspector shall be communicated within the period to be prescribed by regulations. (b) The Inspector may approve or disapprove or reduce or enhance the punishment or approve or disapprove the notice for termination of service proposed by the management ; Provided that in the cases of punishment, before passing orders, Inspector shall give an opportunity to the Principal, the Headmaster or the teacher to show cause within a fortnight of the receipt of the notice why the proposed punishment should not be inflicted. (c) Any party may prefer an appeal to the Regional Deputy Director Education, against an order of the Inspector under clause (b), whether passed, before or after the commencement of the Uttar Pradesh Intermediate Education (Sanshodhan) Adhiniyam, 1966, within one month from the date of communication of the order to that party, and the Regional Deputy Director may, after such further enquiry, if any, as he considers necessary, confirm, set aside or modify the order, and the order passed by the Regional Deputy Director shall be final. In case the order under appeal passed by the very person holding the office of Regional Deputy Director while acting as inspector, the appeal shall be transferred by the order of the Director to some other Regional Deputy Director for decision, and the provisions of this clause shall apply In relation to decision by that other Regional Deputy Director as if the appeal had been preferred to himself. (d) All appeals preferred under clause (c), as it stood before the date of commencement of the Uttar Pradesh Intermediate Education (Sanshodhan) Adhiniyam, 1965, and pending decisions immediately before the said date shall be decided by the Regional Deputy Director, Education, in accordance with clause (c) as substituted by the said Adhiniyam. (4) An order made or decision given by the competent authority under sub-section (4) shall not be questioned in any Court and the parties concerned shall be bound to execute the directions contained in the order or decision within the period that may be specified therein. (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 may Head of Institution or teacher is suspended by the Committee of Management, it shall be reported to the Inspector within thirty days from the date of the commencement of the Uttar Pradesh Secondary Education Laws (Amendment) Act, 1975, in case the order of suspension was passed before such commencement, and within seven days from the date of the . order of suspension in any other case, and the report shall contain such particulars as may be prescribed and accompanied by all relevant documents. (7) No such order of suspension shall, unless approved in writing by the Inspector, remain in force for more than sixty days from the date of commencement of Uttar Pradesh Secondary Education Laws (Amendment) Act, 1970, or as the case may be, from the date of each order, and the order of the Inspector shall be final and shall not be questioned in any Court. (8) If, at any time, the Inspector Is satisfied that disciplinary proceedings against the Head of Institution or teacher are being delayed, for no fault of the Head of Institution or the teacher, the Inspector may, after affording opportunity to the Management or make representation revoke an order of suspension passed under this section. (9) All appeals pending before the Deputy Director of Education (Women) immediately before the commencement of this sub-section shall be transferred to the Joint Director of Education (Women) for disposal; Provided that where the Deputy Director of Education (Women) has already commenced the hearing of any such appeal before the commencement of this sub-section, the appeal shall be disposed of by the Deputy Director of Education (Women) herself. " Regulation 39 lays down as under - " 39 (1) The report regarding the suspension of the head of institution or of the teacher to be submitted to the Inspector under sub-section (6) of Section 16-G shall contain the following particulars and be accompanied by the following documents ; (a) the name of the person suspended along with particulars of the posts (including grades) held by him since the date of his original appointment till the time of suspension including particulars as to the nature of tenure held at the time of suspension e.g., temporary, permanent or officiating ; (b) a certified copy of the report on the basis of which such person was last confirmed or allowed to cross efficiency bar, whichever is later ; (c) details of all the charges on the basis of which such person was suspended ; (d) certified copies of the complaints, reports and inquiry report, if any, of the inquiry officer on the basis of which such person was suspended ; (e) certified copy of the resolution of the Committee of Management suspending such person ; (f) certified copy of the order of suspension issued to such person ; (g) in case such person was suspended previously also, details of the charges on which and the period of for which he was suspended , on previous occasions accompanied by certified copies of the orders on the basis of which he was re-instated. (12) An employee other than a head of institution or a teacher may be suspended by the appointing authority on any of the grounds specified in clauses (a) to (c) of sub-section (5) of Section 16-G." Section 16-G of the Act, which has been quoted above, does neither speak of contemplated disciplinary proceedings nor pending proceedings. It empowers the committee of management to place the Head Master or Principal of the institution under suspension for the reasons indicated in sub-section (5) thereof. Sub-section (6) of Section 16-G lays down that the order of suspension shall be communicated along with the documents specified in Regulation 39 to the District Inspector of Schools within seven days of the passing of the order. Section 16-G (7) lays down that an order of suspension shall not remain in force for more than sixty days unless it was approved in writing by the Inspector.
(3.) SECTION 16-G (2) (a) lays down that the Regulations may provide for the period of probation, the conditions, confirmation and the procedure and conditions for promotion and punishment including suspension pending or in contemplation of inquiry or during the pendency of investigation, inquiry or trial in any criminal case for an offence involving moral turpitude and the emoluments for the period of suspension and termination of service with notice. Regulation 39 speaks of the documents which are to submitted by the management to the Inspector of Schools. Regulations 41, 42 and 43, which also relate to the employees under suspension need not be referred to. Subsection (5) of Section 16-G speaks of the circumstances under which a head of the institution can be suspended. These circumstances definitely contemplate suspension in contemplation of the disciplinary proceedings. The authority competent to place the head of the institution under suspension can consider the nature of the charges against the delinquent and if those charges are serious enough to merit his dismissal, removal or reduction in rank, he can order his suspension. Similarly if his continuance in the office was likely to hamper or prejudice the conduct of disciplinary proceedings against a delinquent he can be placed under suspension. This action again can also be taken even before the initiation of disciplinary proceedings so as to save the disciplinary proceedings from being hampered with by the delinquent officer. The provisions of the Act and the regulations made thereunder do not, in our opinion, fetter the right of the management to place the head of the institution under suspenion at any time even before the initiation of the regular disciplinary proceedings in terms of the provisions contained in Section 16-0 (5) which would also include a suspension in contemplation of the disciplinary proceedings. We, therefore, do not find any merit in the contention of the learned counsel for the petitioner that a Principal or the Head of the Institution cannot be placed under suspension in contemplation of the disciplinary proceedings.;