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Allahabad High Court

PREM KISHORversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The court held that the university authority must verify any pending proposal regarding the suspension and obtain information from the Committee of Management, without granting any further relief in the writ petition.

Summary

The petitioner, a university employee, was suspended on 15 November 2025 and a charge sheet was served on 21 November 2025, after which a reply was filed but no inquiry report has been produced. The petitioner contended that he was unaware whether the suspension order had been communicated to the Vice Chancellor or approved as required under Section 35(4) of the State Universities Act, 1973. The respondents argued that verification of the facts lay with the Committee of Management, which was not before the court. The High Court observed that the university authority must check whether any proposal regarding the suspension is pending and, if so, decide it; otherwise, it should obtain information from the Committee of Management. The court also directed the petitioner to seek subsistence allowance through a separate representation. Consequently, the writ petition was disposed with these observations.

Issues considered

  • Whether the suspension order under Section 35(4) of the State Universities Act, 1973 requires prior approval by the Vice Chancellor.
  • Whether the petitioner is entitled to relief in the absence of an inquiry report.
  • Whether the court can direct the university to verify pending proposals and obtain information from the Committee of Management.

Legislation cited

Subjects

  • suspension
  • university administration
  • Section 35(4)
  • inquiry report
  • writ petition
  • administrative law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                                 WRIT - A No. - 6262 of 2026

                                    Prem Kishor
                                                                                                           .....Petitioner(s)
                                                                             Versus

                                    State Of U.P. And 4 Others
                                                                                                        .....Respondent(s)

                                    Counsel for Petitioner(s)                 :   Abhishek Singh, Adarsh Singh
                                    Counsel for Respondent(s)                 :   C.S.C., Shesh Kumar Srivastava

                                    Court No. - 32
                                                 HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Sri Abhishek Singh, learned counsel for petitioner and Sri S.K. Srivastava,
                                    learned counsel for respondents.

                                    2. The petitioner is under suspension vide order dated 15.11.2025 and according to
                                    learned counsel for petitioner, charge sheet is served on 21.11.2025 and reply thereof
                                    has already been filed, however, till date no inquiry report is submitted.

                                    3. Learned counsel for petitioner further submits that petitioner is not aware whether
                                    order of suspension, if already communicated to Vice Chancellor, any approval has
                                    been granted or not in terms of Section 35(4) of State Universities Act, 1973.

                                    4. Learned counsel for respondents fairly submits that aforesaid fact can be verified
                                    from Committee of Management who is not before this Court.

                                    5. In view of above, this writ petition is disposed of with an observation that
                                    Authority of concerned University will verify whether any proposal is pending or not.
                                    If proposal is still pending, the same be decided by University otherwise information
                                    be sought from concerned Committee of Management.

                                    6. So far as subsistence allowance is concerned, petitioner can approach concerned
                                    respondent by way of separate representation.




                                                                                      (Saurabh Shyam Shamshery,J.)
                                    May 6, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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