Smt. Pratibha Tripathi v. State of U.P. Thru. Its Prin. Secy. Basic Education Deptt. Lko. and 2 Others

Allahabad HC3 Oct 2024WRIA/737/2024

Case brief

AI extract

What is this about?

Teacher sought quashing of a show cause notice issued without chargesheet or departmental inquiry, contrary to earlier court directions. Court found non-adherence, sought personal affidavit from the authority, and directed interim payment of regular salary pending further orders.

What did the court decide?

Opposite party no.2 directed to ensure payment of petitioner's regular salary until further orders; personal affidavit sought.

Smt. Pratibha Tripathi vs State of U.P. Thru. Its… — Service and Employment | Allahabad HC (2024)

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Court No. - 17

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Case :- WRIT - A No. - 737 of 2024 Petitioner :- Smt. Pratibha Tripathi Respondent :- State Of U.P. Thru. Its Prin. Secy. Basic Education Deptt. Lko. And 2 Others Counsel for Petitioner :- Savita Jain Counsel for Respondent :- C.S.C.,Kumar Ayush

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel appearing on behalf of opposite party no.1 and Mr. Kumar Ayush, learned counsel for opposite parties no.2 and 3.

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Petition has been filed seeking quashing of the notice dated 15.12.2023 requiring petitioner to show cause.

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It has been submitted that earlier petitioner's services had been terminated vide order dated 05.09.2020 which was challenged in Writ Petition No.20908 (S/S) of 2020 which was allowed by means of order dated 18.11.2020 primarily on the ground that the order impugned was only a one-sided version of authority without any mention of any charge-sheet having been issued to petitioner or any departmental inquiry having been held to be charges. Thereafter liberty was granted to opposite parties to proceed afresh against petitioner if they so desire but only after following procedure of departmental inquiry and adhering to principles of natural justice as contemplated in service regulation.

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It is submitted by learned counsel for petitioner and admitted by learned counsel for opposite parties that till date no chargesheet has been issued to petitioner and only a Three Member Committee has been constituted which time again is issuing notices to petitioner.

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Prima facie, it appears that opposite parties themselves are not adhering to the directions issued by this Court vide judgment and order dated 18.11.2020 inasmuch as no chargesheet has been issued to petitioner even after three years having elapsed and only show cause notices are being issued to her.

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List this case on 09.02.2024, as fresh in order to enable personal affidavit of opposite party no.2 to be filed to indicate why adherence is not being made to the judgment and order dated 18.11.2020.

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It has been submitted by learned counsel for petitioner that salary payment is not being made to her and even her Bank Account has been seized.

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In view of aforesaid discussion, it is directed that until further order of this Court, opposite party no.2 shall ensure payment of regular salary to petitioner.

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Order Date : - 1.2.2024 Subodh/-

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Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench

Smt. Pratibha Tripathi v. State of U.P. Thru. Its Prin. Secy. Basic Education Deptt. Lko. and 2 Others

Case brief

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Smt. Pratibha Tripathi v. State of U.P. Thru. Its Prin. Secy. Basic Education Deptt. Lko. and 2 Others

Case brief

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