Saturday, August 13, 2022

Madhya Pradesh HC stays suspension of teacher in Sidhi district

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The Madhya Pradesh High Court has stayed the suspension of an assistant teacher by an interim order. Simultaneously, the Court issued notice to the state government, school education department, district education officer, School Principal and others.

The single bench of Justice Vishal Dagat heard the matter. Advocate Rajesh Dubey appeared on behalf of the petitioner, Sudama Prasad Tiwari. The petitioner, an assistant teacher posted in the government primary school in Jamua of Sidhi district, was suspended by the district education officer on June 17, 2020, on the complaint of one Indrapal Kushwaha against which the petitioner approached the High Court.

The Counsel submitted that the case is motivated by malfeasance. The suspension was done without proper investigation of the complaint. The natural justice principle was also not followed. The notice was to be issued as per rules. But this was not done. It is sheer arbitrariness. It is not right to ignore the petitioner’s side. This is proving to be unilateral action.

After considering the entire case, the High Court found the suspension order prima facie arbitrary and imposed an interim stay on the suspension. The suspension has been neutralized until further orders.

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The court asked the opposite parties to submit their clarification within four weeks while considering the charge unilateral for which the interim relief was granted.

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