Allahabad High Court stays headmaster’s suspension for cooking mid-day meal on wood stove due to LPG ‘shortage’

He contended that he had neither made any statement to the media regarding the alleged gas shortage nor committed any violation of statutory provisions. It was argued that he had not informed anyone about the shortage of gas, which led to the mid-day meal being cooked on a wood stove.

The counsel for the petitioner argued that there was no illegality on his part, as he was trying to perform his duty as the headmaster of the institution.

The suspension order, he argued, was vague, based on non-existent facts, and disproportionate even if the allegations were assumed to be true.

He submitted before the Allahabad High Court that even if the allegations contained in the suspension order are assumed to be correct, the same do not warrant the imposition of a major penalty.

On the other hand, the counsel for the state contended in the Allahabad High Court that although two gas cylinders had been supplied, the mid-day meal was cooked on a wood stove in violation of guidelines. However, it was conceded that there was indeed a shortage of gas cylinders, leaving the headmaster with limited options.

The counsel for the state submitted that the charge sheet will be provided to the petitioner within one week, and the enquiry shall be concluded at the earliest.

Taking note of the submissions, the Allahabad High Court directed that a charge sheet be issued to the petitioner within one week and that the inquiry be concluded preferably within two months from the date of submission of the certified copy of the order.

“This writ petition is disposed of with a direction that the departmental inquiry be initiated against the petitioner and brought to its logical end, strictly in accordance with law, at the earliest possible, preferably within a period of two months from the date of production of a certified copy of this order before the disciplinary authority. The charge sheet shall be given to the petitioner within one week from today, and upon receipt of the charge sheet, the petitioner shall submit his reply,” the Allahabad High Court said.

The court directed the petitioner to cooperate with the inquiry process.

Madhya Pradesh High Court’s ruling

In another case, the Madhya Pradesh High Court stayed the suspension of a government school teacher who was penalised over a Facebook video referring to an LPG shortage, holding that disciplinary action cannot be initiated “mechanically” or under external pressure without proper application of mind.

A bench of Justice Ashish Shroti was hearing a writ petition filed by a government teacher posted in Shivpuri district challenging his suspension order dated March 13 issued after he posted the video about an alleged LPG shortage.

“An employee cannot be placed under suspension in a routine manner as part of a ‘suspension syndrome’. The existence of the power to suspend an employee, the manner in which such power is exercised, and the propriety of passing such an order are distinct aspects,” the court had said.