Ashwani Kumar Mishra, J. - (1.) This petition is directed against an order passed by the Inspector on 21.1.2019 approving the resolution of the managing committee for placing the petitioner under suspension. This order is assailed on the ground that an opportunity of hearing has been denied to the petitioner and being violating of principles of natural justice the order itself is bad in law.
(2.) Though a short counter affidavit has been filed but it is admitted to the respondents that no opportunity of hearing has been afforded to the petitioner before approving the resolution of managing committee to place the petitioner under suspension. It is contended on behalf of respondent that an opportunity of hearing is not expressly provided for under section 16-G(7) of the U.P. Intermediate Education Act, 1921 and therefore there would be no necessity of affording an opportunity of hearing to the petitioner at this stage. Reliance is placed upon a Division Bench judgment of this Court in Ram Kripal Katiyar Vs. District Inspector of Schools and others, reported in, 2009 4 AWC 3202. Paragraph 5 of the aforesaid Division Bench judgment is reproduced hereinafter:- "In the instant case it is admitted position that the District Inspector of Schools has given approval. The only grouse of the appellant is that opportunity of hearing ought to have been extended while considering the grant of approval. In support of this contention, Sri P.K. Jain, learned Counsel for the appellant could not point out any statutory provision wherein such opportunity was necessary. While considering the grant of approval the District Inspector of Schools is required to ensure that there exists some reasonable ground for proceeding against the Head of Institution or teacher and there exists necessary reason to place him under suspension. However, while considering the grant of approval he would not embark upon the merits of charges. In other words, he cannot hold a parallel inquiry as Regulation 39 does not require furnishing proof of charges. Under Regulation 39 the Committee of Management is required to forward together with the order of suspension, details of charges, certified copies of complaints, reports and inquiry report, if any, in order to find out as to whether charges are non est or does not constitute misconduct. The Act and the Regulation nowhere envisages about providing opportunity of hearing at the stage of grant of approval by the District Inspector of Schools. However, the person aggrieved by such resolution of the Committee of Management can approach the District Inspector of Schools straightaway to show that the order of suspension is not justified or warranted in the facts of the case. In the case of Govind Swamp Pandey v. Authorised Controller, Adarsh Inter College, Manlkpur Banda and Anr.,1981 UPLBEC 17, this Court has held that it is open to the person aggrieved to approach the District Inspector of Schools straightaway and to satisfy him that the order of suspension has been passed illegally or mala fide even undeservedly. No reason or explanation has come before us as to what prevented the appellant from approaching the District Inspector of Schools against the decision of the Committee of Management placing him under suspension. It is well-settled legal position that the order of suspension is not a punishment and, therefore, while placing a delinquent employee under suspension, no notice or show cause or any opportunity of hearing is mandatory. The only requirement is that there must exist some prima facie misconduct on the part of the employee and for which regular departmental proceeding is under contemplation or is already initiated."
(3.) The Division Bench for the purposes of holding that opportunity of hearing is not required to be given before passing an order of approval has essentially examined the nature of the order of suspension itself. It has been observed that suspension is not a punishment and no opportunity of hearing is required to be given before passing such order. Earlier judgments on the point in issue, in that regard, have been relied upon.;