All HC | Suspension order passed even by an authority superior to Competent Authority not maintainable

Allahabad High Court: Rajesh Singh Chauhan, J. while issuing the writ of mandamus commanded the opposite parties to reinstate the petitioner and post him at any place where the Competent Authority deems fit and proper within two weeks from the date of production of a certified copy of this order.

In the instant petition, the petitioner had assailed the impugned suspension order of 14.08.2019 passed by the Additional Director of Education (Basic), U.P., Prayagraj.

Counsel for the petitioner, Manish Kumar submitted that petitioner was working as a Steno-cum-Clerk when the suspension order was passed by Additional Director of Education (Basic) other than Joint Director of Education (Basic) who has the authority to suspend.

The Counsel objected to the contents of the instructions letter of 21.11.2019 produced by Counsel of the respondent, J.B.S. Rathour, wherein it was indicated that the petitioner was serving on the post of Personal Assistant Grade-II (as promoted) at the time of suspension. As proof, salary certificates and preliminary inquiry reports were provided.

Counsel drew the attention of this Court towards the Division Bench judgment of this Court in re Ashok Kumar Singh v. State of U.P, (2006) 3 UPLBEC 2247, in which it was categorically held that the order of suspension can be passed only by the Disciplinary Authority. However, the order to initiate the disciplinary proceedings may be passed by the Superior Authority. In ESI v. T. Abdul Razak, (1996) 4 SCC 708, the Supreme Court had laid down the same law as Ashok Kumar.

After considering the submissions of the parties and law laid down in various judgments put before the Court, the Court observed that suspension order of 14.08.2019 was not passed by the Competent Authority; therefore, it is liable to be quashed.[Jai Prakash Tiwari v. State of U.P., 2019 SCC OnLine All 4950, decided on 22-11-2019]

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