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Allahabad High Court

MANOJ KUMARversusSTATE OF UTTAR PRADESH AND 3 OTHERS

Decided

Holding

The Court held that no relief could be granted under Article 226 in view of the serious sexual harassment allegations underlying the suspension.

Summary

The petitioner, Manoj Kumar, challenged an order of suspension dated 07.04.2025 issued by the Principal of Government Industrial Training Institute, Azamgarh, on the ground that it was based on a complaint of sexual harassment. The petition was filed under Article 226 of the Constitution seeking relief from the suspension. The High Court examined the suspension order and noted that it stemmed from serious allegations of sexual harassment against the petitioner. The Court held that, given the nature of the allegations, it could not grant any relief under its discretionary jurisdiction. Consequently, the writ petition was dismissed.

Issues considered

  • What relief, if any, can be granted under Article 226 of the Constitution in a writ petition challenging a suspension order based on sexual harassment allegations?

Subjects

  • sexual harassment
  • suspension
  • writ petition
  • Article 226
  • discretionary jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                            WRIT - A No. - 5372 of 2025

                                    Manoj Kumar
                                                                                                .....Petitioner(s)
                                                                       Versus

                                    State Of Uttar Pradesh And 3 Others
                                                                                              .....Respondent(s)

                                    Counsel for Petitioner(s)                      :   Raj Nath Bhakta
                                    Counsel for Respondent(s)                      :   C.S.C.

                                    Court No. - 6
                                                        HON'BLE PRAKASH PADIA, J.

                                    1. Order on suspension dated 07.04.2025 passed by the Principal,
                                    Government Industrial Training Institute, Azamgarh is under challenge in
                                    the present writ petition.

                                    2. From perusal of the aforesaid order it is clear that the same has been
                                    passed due to the complaint made against the petitioner by (x) for sexual
                                    harassment, details of which has already been quoted in the order of
                                    suspension.

                                    3. After going through the aforesaid, the Court is of the opinion that in
                                    view of the allegations made in the order of suspension, no relief could be
                                    granted to the petitioner, specially under Article 226 of the Constitution of
                                    India which is a discretionary jurisdiction.

                                    4. Accordingly, the writ petition is dismissed.



                                                                                             (Prakash Padia,J.)
                                    May 5, 2026
                                    Swati




Digitally signed by :-
SWATI PATHAK
High Court of Judicature at Allahabad


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