Court No. - 38
Case :- WRIT - A No. - 10992 of 2019 Petitioner :- Amarnath Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rohit Upadhyay Counsel for Respondent :- C.S.C.,Akhilesh Chandra Srivastava
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following orders were passed on 23.07.2019:-
"The order of suspension dated 06.07.2019 is assailed in this petition on the ground that charges are not serious enough so as to warrant any major punishment. It is submitted that petitioner's minor son had inadvertently forwarded some material on the whatsapp group and this fact was informed by petitioner himself. Submission is that on the basis of direction issued by the District Magistrate, the order of suspension has been passed without any application of mind on part of the authority concerned.
Learned Standing Counsel may obtain instructions in the matter. Post as fresh on 30th July, 2019."
Learned Standing Counsel has obtained instructions from District Basic Education Officer, Hathras, according to which, obscene material has been circulated in the social media which originated from petitioner’s mobile. It is stated that petitioner's defence in that regard, shall be examined in the disciplinary proceedings and no interference would be warranted.
Learned counsel for the petitioner submits that District Magistrate is stranger and on his pointing out, order has been passed.
In the facts and circumstances, it is not in issue that certain obscene material was circulated in the social media which originated from petitioner’s mobile. In what manner, such material was circulated is an aspect which is to be examined during the course of enquiry. If the District Magistrate has invited attention of the authority concerned to such fact, no objection can be taken to it, particularly, as the order of suspension has been passed by the competent authority. No case of interference with the order of suspension is, therefore, made out.
In the facts and circumstances, it is provided that the authority concerned shall conclude the enquiry in the matter, within a period of three months from the date of presentation of certified copy of this order.
With the aforesaid observations, this writ petition is consigned to records.
Order Date :- 30.7.2019 M. ARIF