A teacher challenged her suspension order passed by the Basic Shiksha Adhikari. The court noted a charge sheet had been issued and a reply filed, then disposed of the writ petition directing the competent authority to conclude the inquiry within six weeks, with non-cooperation periods excluded.
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Neutral Citation No. - 2024:AHC-LKO:74949
Court No. - 5
Case :- WRIT - A No. - 10506 of 2024
Petitioner :- Km. Kalpana Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Lko And 2 Others
Counsel for Petitioner :- Brijesh Kumar,Ramesh Gupta Counsel for Respondent :- C.S.C.,Net Ram
Hon'ble Abdul Moin,J.
Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondent no. 1 and Sri Net Ram, learned counsel for the respondents no. 2 & 3.
Under challenge is the suspension order dated 24.09.2024, a copy of which is annexure 1 to the writ petition passed by the Basic Shiksha Adhikari, Lakhimpur Kheri whereby the petitioner has been placed under suspension.
Sri Net Ram, learned counsel appearing on behalf of the respondents no. 2 & 3 states that the charge sheet dated 25.09.2024 has already been issued to the petitioner to which the reply has also been given by the petitioner. He further states that an endevour would be made to conclude the inquiry expeditiously.
Accordingly, the instant writ petition is disposed of with the direction to the competent authority to conclude the inquiry pending against the petitioner in accordance with law and the relevant rules within a period of six weeks from the date of receipt of a certified copy of this order.
Needless to mention that the petitioner shall cooperate in the inquiry proceedings and in case the petitioner does not cooperate, the Inquiry Officer would be at liberty to inform the petitioner in writing about his non-cooperation and the period of non-cooperation would be excluded from the aforesaid period.
Order Date :- 13.11.2024
Pachhere/-
Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the suspension of the petitioner by the Basic Shiksha Adhikari, Lakhimpur Kheri warranted judicial intervention given the pending disciplinary inquiry.
Km. Kalpana
State Of U.P. Thru. Prin. Secy. Basic Edu. Lko
Respondent no. 2
Respondent no. 3
Abdul Moin
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
