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
- State Universities Act, 1973 — s. 35(4)
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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