The court directed the District Basic Education Officer to serve the charge sheet on the petitioner pending internal inquiry.
Directed service of charge sheet within one week and completion of inquiry within ten weeks.
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Court No. - 4
Case :- WRIT - A No. - 26026 of 2018
Petitioner :- Smt. Snehalata Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pushkar Kushwaha,P.K. Singh Counsel for Respondent :- C.S.C.,Jay Ram Pandey
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner is aggrieved against the order of suspension dated 3rd October, 2018 leveling as many as six charges with regard to his conduct in the institution as headmaster. The ground for challenge raised in the writ petition is that the charges are quite vague and not in consonance with records that are maintained in the school itself. The petitioner submits that he has not been served the charge sheet till date.
Per contra , Sri Jay Ram Pandey, learned counsel appearing for the respondent No.3 states that the charges are serious and are borne out from the verification of records itself. He further contends that Inquiry Officer has been appointed and, therefore, the suspension order has been passed in contemplation of inquiry. He further contends that some charges are serious enough to invite measure penalty if they are brought home during the inquiry.
Be that as it may, at this stage the Court does not find it appropriate to go into the defense being taken and the explanation being offered by the petitioner in the writ petition. It is for the Inquiry Officer to look into the charges and consider the reply if any submitted by the petitioner.
The District Basic Education Officer, Mirzapur is, therefore, directed to serve a copy of charge sheet to the petitioner within a period of a week from the date of production of certified copy of this order.
The petitioner shall have liberty to file response within further period of two weeks and soon after the receipt of the reply of the petitioner to the charge sheet the inquiry shall be conducted by the Inquiry Officer strictly in accordance with law as per the procedure prescribed under the U.P. Government Servant (Discipline & Appeal) Rules, 1999 as adopted vide Section 3 (2) (ii) of the U.P. Basic Education Staff Rules, 1973. The disciplinary proceedings shall be concluded as directed
hereinabove within a maximum period of 10 weeks from the date of production of certified copy of the order before the competent authority by the petitioner.
The writ petition stands disposed of at this stage with the aforesaid observations and directions.
Order Date :- 11.12.2018 Atmesh
2 issues framed by the court
Whether suspension of the respondent is appropriate in the absence of a served charge sheet.
Whether the writ petitioner should be allowed to file a response before the inquiry proceeds.
Smt. Snehalata Devi
State Of U.P.
Ajit Kumar
As recorded by the court registry
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