Petitioner challenged salary stoppage due to alleged forged academic records. Court directed respondent to decide the representation positively within two months of producing certified copy.
Respondent no. 3 directed to decide representation positively within two months.
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Court No. - 40
Case :- WRIT - A No. - 23875 of 2018 Petitioner :- Rajkumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Sanjay Kumar Dubey Counsel for Respondent :- C.S.C.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
By means of present writ petition petitioner has challenged the part of show cause notice dated 11.07.2017, whereby the payment of salary of the petitioner to the post of Assistant Teacher has been stopped on the ground that on verification done of his academic records, the same was found to be forged.
It appears that the petitioner has passed his intermediate from the Board Examination in the year 2002 from an institution which was not recognized by the Board.
Petitioner has already submitted his explanation to the show cause notice dated 11.07.2017 on 19.07.2017 before respondent no. 3 and claimes that even thereafter he made several representations/reminders but respondents have not taken any decision in the matter.
The contention advanced on behalf of petitioner is that merely on issuance of show cause notice, the salary of the petitioner could not have to be stopped as it amounted to adverse civil consequences without giving him any notice prior to the decision taken.
Be that as it may, since the petitioner has already submitted reply to the show cause notice dated 11.07.2017 and has made several representations/reminders in that regard, the last one is dated 17.04.2018, the respondent no. 3 is directed to decide the same by taking decision in the matter positively within a period of two months from the date of production of certified copy of this order.
With the aforesaid observation, the writ petition is disposed of.
Order Date :- 15.11.2018 sailesh
2 issues framed by the court
Whether salary stoppage upon allegation of forged records without prior hearing is valid.
Whether respondent must decide on the petitioners representation regarding forged records within two months.
Rajkumar
State Of U.P.
2 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
