Court No. - 3
Case :- WRIT - A No. - 17116 of 2019 Petitioner :- Anand Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shadab Ali Counsel for Respondent :- C.S.C.,Vijai Kumar Srivastava
Hon'ble Saral Srivastava,J.
Heard Sri K.M. Tripathi, learned counsel for the petitioner, learned Standing Counsel for respondents no.1 & 2 and Sri Vijai Kumar Srivastava, learned counsel for the respondents no.4, 5 & 6.
The petitioner is working as Assistant Teacher in Purva Madhyamik Vidyalaya, Peepalsana, Block Swar, District Rampur.
The petitioner has been suspended by the respondent no.3/District Basic Shiksha Adhikari, District Rampur by order dated 11.10.2019 which is impugned in the present writ petition.
Challenging the aforesaid order, learned counsel for the petitioner has contended that the suspension order has been passed without application of mind inasmuch as none of the charges are such so as to warrant major penalty and thus, the suspension order is not sustainable.
Learned counsel for the respondents no.3 & 4 contends that the charges against the petitioner are grave in nature, and if proved, the petitioner shall be subjected to the major penalty. He further submits that the charge-sheet has been issued to the petitioner on 18.11.2019 which has been duly received by the petitioner and if the petitioner cooperates with the enquiry, the enquiry shall be concluded expeditiously.
Having heard the rival submissions of the parties, this Court on perusal of record does not find substance in the argument of learned counsel for the petitioner inasmuch as prima facie it appears that the charges levelled against the petitioner if proved, warrants major penalty. Further the charge-sheet has been issued to the petitioner and in view of the said fact also this Court do not find any good ground to interfere in the present writ petition in exercise of power under Article 226 of the Constitution. However, the respondent no.3 is directed to conclude the enquiry within a period of three months from the date of production of certified copy of the order provided the petitioner cooperates with the enquiry.
The writ petition is disposed off.
Order Date :- 28.11.2019 S.Sharma