Remanded

Vaibhav Kumar v. State of U.P. through Principal Secretary Ministry Basic Education Secretariat Lucknow and 9 Others

Allahabad HC21 Mar 2018WRIA/6381/2018

Case brief

AI extract

What is this about?

The High Court set aside an impugned administrative order which repatriated the petitioner to his parent department. Accepting the respondent's concession that the underlying charges were incorrect, the Court remitted the matter to the District Basic Education Officer for appropriate disposal within three weeks.

What did the court decide?

The repatriation order dated 15.02.2018 was set aside; the matter remitted to District Basic Education Officer, Meerut within three weeks.

Vaibhav Kumar Vs State of U.P. through… — Pension and Retirement Benefits | Allahabad HC (2018)

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Court No. - 18

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Case :- WRIT - A No. - 6381 of 2018

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Petitioner :- Vaibhav Kumar

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Respondent :- State Of U.P. Through Principal Secretary Ministry Basic Education Secretariat Lucknow And 9 Others Counsel for Petitioner :- Vijay Kumar Tiwari,Dr. Neel Kamal Sharma Counsel for Respondent :- C.S.C.,Shivam Yadav

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Hon'ble Mahesh Chandra Tripathi,J.

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Heard learned counsel for the petitioner and learned Standing Counsel. Shri V. Shukla holding brief of Shri Shivam Yadav appears for respondent nos.3 and 6.

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The petitioner is before this Court assailing the order dated 15.02.2018 passed by the District Basic Education Officer, Meerut-sixth respondent by which the petitioner was repatriated to his parent department.

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On the matter being taken up on 22.02.2018 the Court has proceeded to pass the following order:-

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"The supplementary affidavit filed today is taken on record.

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The petitioner is before this Court assailing the order dated 15.2.2018 passed by the District Basic Education Officer, Meerut by which the petitioner was repatriated in his parent department.

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Smt. Arti Raje, learned counsel for the petitioner on the basis of supplementary affidavit submits that the order impugned has been passed on the basis of complaint so made by Shri Devi Singh, Shri Ranveer Singh and Shri Ishwar Singh, retired teachers to the Commissioner, Meerut Region, Meerut and on the enquiry no charges levelled against the petitioner had been found correct and as such the order impugned is liable to be recalled.

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Confronted with this situation, Shri Shivam Yadav, learned counsel for contesting respondents prays for and is accorded week's time to seek instructions in the matter. Meanwhile, the respondents may also have right to revisit the entire matter on the basis of averments contained in the affidavit.

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Put up on 05.03.2018 as fresh."

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Thereafter, the matter was taken up on 5.3.2018 and 14.3.2018 and was passed over on the request made by learned counsel for the respondent.

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On the matter being taken up today, Shri V. Shukla holding brief of Shri Shivam Yadav, learned counsel for the respondents, on the basis of instructions, apprises to the Court that so far as the averment contained in the supplementary affidavit is concerned, the same is accepted to be correct and as such he submits that the charges so levelled against the petitioner was found to be incorrect.

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The Court has proceeded to examine the record in question and find that once such is the factual situation that the charges so levelled against the petitioner were not found to be correct, the order impugned is liable to be set aside and the same is set aside accordingly. The matter is remitted back to the District Basic Education Officer, Meerut to revisit the matter and pass appropriate order in accordance with law within three weeks from the date of production of certified copy of this order.

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The writ petition is disposed of accordingly.

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Order Date :- 21.3.2018 SP/

Vaibhav Kumar v. State of U.P. through Principal Secretary Ministry Basic Education Secretariat Lucknow and 9 Others

Case brief

What is this about?

What did the court decide?

Vaibhav Kumar v. State of U.P. through Principal Secretary Ministry Basic Education Secretariat Lucknow and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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