Bhopal: Madhya Pradesh high court set aside the suspension of a government primary school teacher in Shivpuri, who was shunted for allegedly making and circulating an ‘objectionable' video online.
Staying his suspension, the HC Gwalior observed that order appeared to have been issued without ‘proper consideration'.
Pronouncing the ruling, the court stated further that the suspension order was issued in haste and without application of mind. It noted that such action cannot be taken in a routine manner and must be based on clear reasons.
The teacher, Saket Kumar Purohit, was suspended on March 13 following allegations that he posted an objectionable video on social media that could disturb public order.
His suspension order stated that his act amounted to ‘gross indiscipline' and a violation of Madhya Pradesh Civil Services (Conduct) Rules, 1965.
However, his counsel argued that the video did not have any objectionable content, adding that his suspension was influenced by a complaint from a local MLA and the order was issued the same day without independent review.
The state opposed the teacher's plea challenging the order, saying suspension is not a punishment and does not require legal intervention.
The court, however, observed that government guidelines recommend suspension only in serious cases or offences, which may attract a major penalty. It advised authorities to "apply their minds" before taking such action and avoid ‘mechanical decisions'.
"The suspension appears to have been passed in a routine manner," the court noted, adding that such orders can be reviewed if found arbitrary.
Holding the suspension order in abeyance, the court directed the authority concerned to reconsider the matter and pass a fresh order after examining all facts.