File No. 26, Dr Sanjay Kumar Mishra v. Committee of management, Raja Balwant Singh College and Ors.

ISSUE : Whether in the light of provision of U.P State Universities Act of 1973 the HC was justified in staying the order of Vice
Chancellor of Amedkar University. ?

1. FACTS: There is a Raja Balwant Singh college which is affiliated to Dr. B.R Ambedkar University, Agra and is governed
by the U.P State University Act of 1973. The university act and statutes was very clear a teacher cannot be suspended until
approved by the Vice Chancellor. ( University Statute 16.07) [pg c]
2. On 16.04.2016 a peaceful protest was held in office of principal by the teachers, it was alleged that petitioner used foul
language against the principal.But the version of teacher was totally different saying there was no use of foul language and
protest was that principal do not listen to there grievance and passed draconian order against them.
3. After this incident only the petitioner was suspended by the principal by the letter dated 20/06/2016 [pg18]. and the
suspension must be approved by the Vice Chancellor within 4 weeks.
4. University applied for the approval of petitioner of suspension to Vice Chancellor but he declined to grant approval.
[23.07.2016] [pg 26]
5. Aggrieved by the order respondent had preferred writ petition before HC and order of Vice Chancellor was squashed and it
was directed that vice chancellor shall take a fresh decision.[pg.34]
6. The vice chancellor took a fresh decision and decline to grant approval to the suspension of petitioner[pg 46]. This order
[03.11.2016] has been stayed by the impugned order of HC.
7. Hence SLP.

Order, Division Bench, Allahabad High Court [11.08.2016][pg.34]

The charges made against the petitioner was of serious in nature and the incident has been captured in CCTV camera footage and
two teacher torn the paper and threw it on the table of principal. Charge sheet has also been issued against the petitioner [pg 24].
So the court said that teachers are required to maintain the highest level of discipline and if they themselves start misbehaving
with the principal then it will not inspire confidence of the students. So order was given to Vice chancellor was to take Fresh
decision.

Impugned Judgment, Division Bench, Allahabad High Court [23.11.16]

Order of vice chancellor dated 3 november 2016 shall remain stayed and respondent no. 4sanjay mishra shall continue to remain
suspended.