The Allahabad High Court has dismissed a plea filed by the Uttar Pradesh government challenging the order of a single judge bench which had set aside the suspension of a lecturer, who was suspended from service on the charge that he got married a second time without the annulment of the first marriage.
A division bench of Justice Ashwani Kumar Mishra and Justice Syed Qamar Hasan Rizvi said: “For exercising such power like minor penalty, the state government will have to inform the delinquent employee on the substance of imputations against him and call upon him to submit an explanation within a reasonable time.”
“Once the jurisdiction was invoked to award minor punishment, it was impermissible to place the employee under suspension…,” the bench said.
The bench noted that requirements of enquiry and opportunity of hearing before any action were not met in the case. (IANS)
