In this old writ petition challenging suspension and departmental proceedings, the court found no infirmity in the charge sheet and dismissed the petition, directing the respondent to take appropriate measures.
The writ petition is dismissed and the respondent no.1 is directed to take appropriate measures.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 28
Case :- WRIT - A No. - 16456 of 2007
Petitioner :- Tasadduk Husain Respondent :- State Of U.P. & Others Counsel for Petitioner :- Abhishek Kumar Counsel for Respondent :- C.S.C.,Veer Singh
Hon'ble Ajay Bhanot,J.
The matter has been called out in the revised list. None appears on behalf of respondents no.2, 3 and 4 namely, District Basic Education Officer, Moradabad, Up Basic Shiksha Adhikari, Moradabad, Basic Shiksha Parishad.
There is illness slip on behalf of learned counsel for the petitioner. Learned Standing Counsel has entered appearance on behalf of respondent no.1
Since the matter is very old, the writ petition is being disposed of. The prayer for adjournment on behalf of petitioner is rejected.
The petitioner was suspended by order dated 13.8.2004 in contemplation of an enquiry. A chargesheet drawn up against the petitioner on 2.7.2005 discloses commission of major acts of misconduct. In case such acts of misconduct are established in departmental enquiry, a major penalty could be imposed upon the petitioner.
Heard learned Standing Counsel for the State.
There is no infirmity in the charge-sheet dated 2.7.2005 as well as order of suspension dated 13.8.2004.
The writ petition is dismissed.
Learned counsel for the B.S.A. is not present. Learned Standing Counsel on behalf of State has assisted the court.
It is being repeatedly observed that counsels for the B.S.A. are invariably absent when the matters are being taken up in court for hearing. Consequently the learned Standing Counsel has to assist the court.
The respondent no.1, Secretary Basic Education, Lucknow, Govt. of U.P., is directed to take appropriate measures regarding the same.
Office is directed to provide a copy of this order to Learned Standing Counsel.
Order Date :- 7.9.2018 Pramod
1 issue framed by the court
Whether the writ petition challenging suspension and chargesheet is maintainable.
Tasadduk Husain
State Of U.P.
District Basic Education Officer, Moradabad
Up Basic Shiksha Adhikari, Moradabad
Basic Shiksha Parishad
Secretary Basic Education, Lucknow
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
