The High Court quashed the petitioner's suspension order on grounds of vague charges. The court permitted her to function while maintaining an undertaking for proper conduct, remanding the enquiry to authorities for due procedure.
The suspension order dated 03.10.2018 is quashed; petitioner allowed to function subject to undertaking.
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Court No. - 4
Case :- WRIT - A No. - 26047 of 2018
Petitioner :- Rajani Mittal Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shree Prakash Giri Counsel for Respondent :- C.S.C.,Ram Bilas Yadav
Hon'ble Ajit Kumar,J.
Heard learned counsel for the parties.
The petitioner by means of this writ petition has challenged the suspension order dated 03.10.2018 wherein certain charges regarding work and conduct of the petitioner have been levelled. Since the charges do not indicate any particular incident or any particular date on which such incident may have occurred, as detailed in the order of suspension.
Prima facie, the Court is of the opinion that the charges are vague and would hardly attract major penalty. However, in order to maintain peace and harmony amongst the teachers in the institution and to keep high objectives of elementary education alive in such institutions at the end of the teachers who are duty bound to impart education, learned counsel for the petitioner was asked to file an affidavit of the petitioner to the effect that hence onwards her conduct will be proper and sound and will not in any manner violate the peaceful atmosphere of the campus of the institution.
Today an affidavit has been filed by the petitioner in which vide para no. 2 she has averred thus:-
" 2. That petitioner is discharging duty as Assistant teacher in the Primary School Jagner Agra, her conduct and integrity is appreciated by authority. She has not been punished by authority and court of law. She hereby tender to keep her conduct sound and faithful in environment of the school and will not disturb the peace of the school. "
In view of the above, this Court is of the opinion that petitioner can be permitted to function in the institution as a teacher so long as she maintains the undertaking she has given in the affidavit. However, the Court refrains itself from interfering with the enquiry, on going if any, and it is expected that the both the teachers shall cooperate in the enquiry. Necessary enquiry will also be concluded after following due procedure prescribed under the U.P. Government Servant (Discipline and Appeal) Rules, 1999 as adopted by virtue of Rule 4(2) of the U.P. Basic Education Staff Rules, 1973.
In view of the above, the order dated 03.10.2018 is hereby quashed insofar as suspension of the petitioner is concerned.
Accordingly, the writ petition is disposed of with the aforesaid observations and directions however, keeping it open upon the authorities to proceed in accordance with law in case if the petitioner is found to have violated the undertaking given before this Court.
Order Date :- 13.12.2018 P Kesari
1 issue framed by the court
Whether the suspension order against the petitioner should be quashed given the vague charges and her undertaking for proper conduct.
2 provisions across 2 enactments
Rajani Mittal
State Of U.P.
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
