Dismissed

Zila Basic Shiksha Adhikari Lalitpur v. Smt. Shaheen Sani

Allahabad HC20 Nov 2019SPLA/1139/2014

Case brief

AI extract

What is this about?

The special appeal filed by the Zila Basic Shiksha Adhikari against an order quashing a termination was declared infructuous and dismissed because the respondent was exonerated in a fresh departmental enquiry conducted after the appeal.

What did the court decide?

The special appeal was dismissed as it was rendered infructuous due to the exoneration of the respondent in a departmental enquiry.

Zila Basic Shiksha Adhikari Lalitpur Vs Smt… — Service and Employment | Allahabad HC (2019)

¶1

Court No. - 4

¶2

Case :- SPECIAL APPEAL No. - 1139 of 2014

¶3

Appellant :- Zila Basic Shiksha Adhikari Lalitpur Respondent :- Smt. Shaheen Sani Counsel for Appellant :- Dhananjay Pratap Singh,Arun Kumar Counsel for Respondent :- S.N. Dubey

¶4

Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,J.

¶5

Heard Sri Arun Kumar, learned counsel for the appellant and Sri S.N. Dubey, learned counsel for the sole respondent.

¶6

This special appeal has been preferred by Zila Basic Shikshha Adhikari, Lalitpur against judgment and order dated 29.10.2014 passed by learned Single Judge by which Writ- A No. 39020 of 2002 preferred by respondent, Smt. Shaheen Sami was allowed and the order impugned in the writ petition dated 12.06.2002 by which the services of the sole respondent were terminated was quashed with all consequential benefits but with liberty to the appellant to proceed against respondent no.1 departmentally.

¶7

When this matter was taken by us on 13.11.2019, on the statement made by Sri S.N. Dubey, learned counsel for the respondent, we had passed the following order:

¶8

"Shri S.N. Dubey, learned counsel for the respondent stated at the Bar that initially a departmental enquiry was conducted.

¶9

In the departmental enquiry conducted against the respondent pursuant to the impugned order passed by Hon'ble Single Judge, the sole respondent has been exonerated of all the charges vide order dated 7.10.2017 as it is evident from a perusal of the order dated 7.10.2017 which was produced before us today, during the course of hearing of this appeal. He also stated that another enquiry has now been ordered against the respondent by the appellant and proceedings whereof have been stayed by order dated 26.4.2019 passed by another Hon'ble Single Judge of this Court in Writ- A No. 10639 of 2018.

¶10

Shri Arun Kumar, learned counsel for the appellant prays for and is allowed a week's time to verify the correctness of the statement made by learned counsel for the sole respondent in the Court today.

¶11

List on 20.11.2019."

¶12

Today when this matter is taken up, we are informed that pursuant to the liberty given by learned Single Judge while allowing Writ Petition No. 39020 of 2002 (Smt. Shaheen Sami

¶13

vs. Zila Basic Shiksha Adhikari, Lalitpur), a fresh enquiry was conducted against the petitioner in which she has been exonerated. The enquiry report was accepted by the appointing authority by order dated 03.10.2017 and hence, this special appeal has been rendered infructuous and the same may be dismissed as such.

¶14

It is also been brought to our notice that after the petitioner was exonerated in the enquiry referred to hereinabove, another enquiry was initiated proceedings whereof have been stayed by an order passed by learned Single Judge on 26.04.2018 in WritA No. 10639 of 2018, copy whereof was produced before us at the time of hearing which is taken on record.

¶15

Order Date :- 20.11.2019 V.S.Singh

Zila Basic Shiksha Adhikari Lalitpur v. Smt. Shaheen Sani

Case brief

What is this about?

What did the court decide?

Zila Basic Shiksha Adhikari Lalitpur v. Smt. Shaheen Sani

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Smt. Kavita Devi Vs Satendra

Mohit Verma Vs Suman Verma

Awadh Kishore Singh Vs Smt. Urmila Singh and Others

Smt. Urmila Devi and 6 Ors. Vs Nathuni Ray and 2 Ors.

Smt. Urmila Devi and Others Vs Nathuni Rai and Others

United India Insurance Co. Ltd. Vs Smt. Urmila and Others