Allahabad High Court
MANOJ YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- MANJU RANI CHAUHAN
Holding
The court held that the suspension order cannot be quashed at this stage and the matter must be decided through a departmental inquiry.
Summary
Manoj Yadav, an In‑charge Headmaster, filed a writ petition seeking to quash his suspension order dated 01‑06‑2026 issued by the District Basic Education Officer, Etawah, and to be allowed to continue in his post with full salary and benefits. The respondent B.S.A. submitted that a charge‑sheet dated 03‑07‑2026 had already been filed and that a departmental inquiry would be concluded within four weeks of the certified copy of the order. The Court held that the charges against the petitioner could not be examined at this stage, as the petitioner would have the opportunity to defend himself during the departmental inquiry. Consequently, the Court disposed of the writ petition, directing that the departmental inquiry be initiated and completed within four weeks of the order’s certification, and that the petitioner cooperate with the inquiry. The petition was therefore not entertained to quash the suspension.
Issues considered
- Whether a writ petition can be entertained to quash a suspension order pending a departmental inquiry
- Whether the court can direct the conduct and timeline of a departmental inquiry in a service matter
Subjects
- suspension
- departmental inquiry
- service law
- writ petition
- administrative law
- education officer
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - A No. - 15419 of 2026
Manoj Yadav
.....Petitioner(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Petitioner(s) : Abhishek Kumar Yadav, Daya Shanker
Yadav, Samir
Counsel for Respondent(s) : C.S.C., Hare Ram
Court No. - 52
HON'BLE MRS. MANJU RANI CHAUHAN, J.
Heard leaned counsel for the petitioner, learned Standing Counsel for the
State and Mr. Hare Ram, learned counsel for the respondent-BSA and
perused the record.
This writ petition has been filed with a prayer to quash the impugned
suspension order dated 01.06.2026 passed by respondent No. 3 - District
Basic Education Officer, Etawah, as well as with a further prayer to direct
the respondents to permit the petitioner to continue working as In-charge
Headmaster at Composite Vidyalaya Kaayanchhi, Block - Chakarnagar,
District - Etawah, with full salary and benefits.
At the very outset, learned counsel for the respondent-B.S.A., on the basis of
instructions, which have been passed on to the Court today and are kept on
record, submits that the charge-sheet dated 03.07.2026 has already been filed
in the matter and the enquiry shall be concluded, , in accordance with
law, within a period of four weeks from the production of certified copy of
this order.
This Court is of the considered opinion that the charges so levelled against
the petitioner cannot be examined at this stage, inasmuch as the explanation
and documents relied upon by the petitioner can be a defence in the
departmental inquiry, as during departmental inquiry, the petitioner will
have ample opportunity to prove his innocence.
In view of the aforesaid, this writ petition is disposed of with a direction that
the departmental inquiry be initiated against the petitioner and brought to its
logical end, strictly in accordance with law, at the earliest possible
preferably within a period of four weeks from the date of production of a
WRIA No. 15419 of 2026
2
certified copy of this order before the disciplinary authority. Needless to say
that the petitioner shall cooperate in the inquiry.
September 23, 2026
Jitendra/-
(Mrs. Manju Rani Chauhan,J.)
Digitally signed by :-
JITENDRA KUMAR YADAV
High Court of Judicature at Allahabad
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