Dismissed

Smt.Neelu Gond v. State of U.P. and 3 Others

Allahabad HC10 Jul 2023WRIA/10642/2023

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed a writ petition challenging a minor penalty of censure and a school transfer. The Court held the petition was not maintainable due to the availability of an appeal under school staff rules and found the distant posting lawful given the petitioner's district-level cadre.

What did the court decide?

The writ petition is dismissed; liberty is granted to the petitioner to file an appeal against the order dated 27.05.2023.

Smt.Neelu Gond Vs State of U.P. and 3 Others — Service and Employment | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:135400

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Court No. - 36

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Case :- WRIT - A No. - 10642 of 2023

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Petitioner :- Smt.Neelu Gond Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yaduvanshi Birendra Mohan,Deo Prakash Singh Counsel for Respondent :- C.S.C.,Deo Dayal

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Hon'ble Manjive Shukla,J.

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Heard learned counsel for the petitioner, Smt. Archana Singh, learned counsel appearing for the Respondent No.2 and Mr. Bansh Gopal Mishra holding brief of Mr. Akhilesh Kumar learned counsel appearing for the Respondents No. 3 and 4.

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Petitioner through this writ petition has challenged the order dated 27.05.2023 whereby minor penalty of censure has been imposed against her. Learned counsel for the petitioner has submitted that after completion of the disciplinary proceedings, disciplinary authority vide order dated 27.05.2023 has imposed minor penalty of censure and has reinstated her in service but has directed to join in primary School Bhatwadih, Block Naugarh, District Chandauli which is about 40 Kilometers from the school where the petitioner was posed prior to passing of suspension order.

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Learned counsels appearing for the respondents have raised a preliminary objection that against the punishment order dated 27.05.2023 petitioner has an efficacious statutory remedy by way of appeal as prescribed under Rule 5 of U.P. Basic Education Staff Rules, 1973.

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I have considered the submissions advanced by learned counsel for the petitioner and learned counsels appearing for the respondents, I find that the petitioner against the punishment order dated 27.05.2023 has efficacious statutory remedy under the Rule 5 of U.P. Basic Education Staff Rules, 1973, therefore, the present writ petition is not maintainable.

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So far as reinstatement of the petitioner in an institution which is 40 Kilometers away from the institution in which she was working prior to her suspension is concerned, I find that the petitioner is

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holding a transferable post and her cadre is district level and therefore, she can be posted in any institution within the district.

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In view of the aforesaid the present writ petition is absolutely misconceived and is dismissed with liberty to petitioner to file an appeal against the order dated 27.05.2023.

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Order Date :- 10.7.2023 Gaurav

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Digitally signed by :- GAURAV PATEL High Court of Judicature at Allahabad

Smt.Neelu Gond v. State of U.P. and 3 Others

Case brief

What is this about?

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Smt.Neelu Gond v. State of U.P. and 3 Others

Case brief

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What the court decided

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