Single judge dismissed a writ petition challenging punishment awarded to government employees for negligence in implementing the mid-day meal scheme. The court upheld the penalty as the employees had admitted guilt and no procedural impropriety was alleged.
Writ petition dismissed; orders dated 28.2.2008 and 27.6.2008 are affirmed.
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Court No. - 28
Case :- WRIT - A No. - 57540 of 2008
Petitioner :- Ram Charan & Another Respondent :- State Of U.P. & Others Counsel for Petitioner :- Anil Singh Counsel for Respondent :- C.S.C.,Nafees Ahmad
Hon'ble Ajay Bhanot,J.
List has been revised.
None appears to press the writ petition on behalf of the petitioners as well as respondent No.2, 6 and 7, namely, Basic Shiksha Parishad through its secretary Allahabad, Zila Basic Shiksha Adhikari, Moradabad and Assistant Basic Shiksha Adhikari, Block-Moradabad.
By the order dated 28.2.2008 in the writ petition, the petitioners have been awarded the punishment of stoppage of two increments with cumulative effect and adverse entry has been made in their record of service. The petitioner No.1 took the aforesaid order dated 27.6.2008 in appeal. The appellate authority rejected the appeal filed by the petitioner no.1.
The petitioner has assailed the order dated 28.2.2008 passed by the respondent No.6 as well as order dated 27.6.2008 passed by the respondent No.3.
A charge-sheet was drawn up against the petitioner by order dated 15.11.2007. The charges laid out against the petitioners related to the irregularities in the mid-day meal scheme. The petitioners were responsible to implement the mid-day meal scheme and ensure that nutrition meal was provided to the children. The charges laid out against the petitioners record that the
petitioners were negligent in the performance of their duties. It is also asserted that the petitioners did not ensure that the mid-day meal was cooked as per the prescribed standards. A number of children had taken ill on 27.09.2007 after consuming the meals served in the mid-day scheme. The aforesaid incident was reported by the petitioners to the superior as well as the competent authority. The mid-day meal committee was not made operational. The chargesheet also alleges that the petitioners were not present at the site of the incident.
Learned Standing Counsel for the respondentState is present. Heard learned counsel for the respondent-State.
An enquiry was caused to be conducted into the charges laid out in the charge-sheet. The enquiry indicted the petitioners. Negligence in maintaining proper hygenic conditions during the cooking was also recorded in the enquiry. Consequent to the findings of the enquiry before the punishment which is assailed in the writ petition was imposed upon the petitioners.
No procedural impropriety in the conduct of the enquiry has been asserted in the grounds taken in the writ petition. The petitioners in their reply to the charge-sheet admitted to the aforesaid charges levelled against them. The paragraph-8 of the counter affidavit filed on behalf of the Basic Shiksha Adhikari averse thus:
"That the contents of paragraph no.14 of the writ petition, are not admitted and denied, because the petitioners in reply to the charge-sheet being patrank/Arop/7285/2007-2008 dated 15.11.2007 has admitted the charges levelled against him. The copy of reply of the petitioner no.1 is being filed herewith and marked as Annexure no.CA-1 to this affidavit."
The fact has not been denied. There is no
rejoinder affidavit in the record. Since the petitioners have admitted to their guilt, they cannot turn around and challenge the order imposing the punishment upon the petitioners.
The order dated 28.2.2008 awards an adverse entry to the petitioners and grants only suspension allowance during the period of suspension which is annexed as annexure 1 to the writ petition. The aforesaid orders were taken in appeal before the appellate authority. The appellate authority after due application of mind confirmed the aforesaid punishment. The appellate authority has passed a reasoned and speaking order. The order dated 27.6.2008 also records that a personal hearing was also accorded to the petitioners. The negligence in the preparation of the mid-day meals was fully established by the evidence in the record even before the appellate authority.
The punishment imposed upon the petitioners is proportionate to the charges levelled against them and the finding of the guilt returned by the respondent authorities. Further in view of the admission of the aforesaid guilt, the punishment appeared to be just and does not require any interference. There is no infirmity in the orders assailed in the writ petition.
In this view of the matter, no interference in the said orders is required. The writ petition is dismissed.
It has been noticed that in a number of cases, the counsel for the Basic Shiksha Adhikari is not appearing to defend the case. Consequently, learned Standing Counsel to take a task to assist Court in these matters. The respondent no.1 shall
look into the matter and take appropriate measures.
A copy of this order shall be communicated to the respondent No.1-Secretary, Basic Education, Government of U.P. at Lucknow. Order Date :- 7.9.2018 Ashish Tripathi
1 issue framed by the court
Whether the writ petition challenging the punishment of stoppage of increments and adverse entry in service record be allowed or dismissed.
Ram Charan & Another
State Of U.P.
Basic Shiksha Parishad through its secretary Allahabad
Zila Basic Shiksha Adhikari, Moradabad
Assistant Basic Shiksha Adhikari, Block-Moradabad
Ajay Bhanot
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
