Court No. - 7
Case :- WRIT - A No. - 23059 of 2018 Petitioner :- Ankur Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shailesh Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Shailesh Pandey, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. The petitioner claims to have been appointed as Assistant Teacher (Art) at H.S.B. Inter College, Moradabad by way of compassionate appointment arising from untimely death of his father- Jay Gopal who was also an Assistant Teacher at that college.
3. While the petitioner further claims that his appointment has been made in accordance with law, at present, the petitioner is faced with a communication dated 18.08.2018 issued by the District Inspector of Schools, Moradabad. By that communication, a preliminary inquiry appears to have been contemplated/instituted to determine whether the appointment of the petitioner on compassionate basis was made in accordance with law.
4. Chiefly, the dispute appears to exist whether a proper meeting had been called for before the name of the petitioner has been proposed for appointment on compassionate basis.
5. Learned counsel for the petitioner submits that once the appointment had been made fully, in accordance with law, no dispute could now arise that too on a complaint made by a third person.
6. Learned Standing Counsel appearing for respondent nos.1 to 3 would submit that at present, it is pre-mature to determine whether the appointment of the petitioner was made strictly in accordance with law as basic facts in that regard are yet to be ascertained.
7. To that extent, therefore, no interference is warranted in the present writ petition and the inquiry which is in the nature of fact finding has to be allowed to be continued by the D.I.O.S., Moradabad.
8. The second submission advanced by learned counsel for the petitioner is that while communicating the copy of the aforesaid communication dated 18.08.2018 to the Manager of the H.S.B. Inter College, Moradabad, the D.I.O.S., Moradabad has issued an ex-parte order/direction against the salary payment to be made to the petitioner. This direction is claimed to be wholly ex-parte and grossly illegal inasmuch as no proceedings had been instituted in terms of service rules that are applicable to the petitioner and the petitioner has not even been suspended.
9. To that extent, the grievance raised by the petitioner appears to be genuine and well founded. No provision of law appears to exist to allow for suspension of salary payment though the petitioner continues in service as an Assistant Teacher and that no disciplinary proceedings have been instituted since preliminary facts finding inquiry is still pending.
10. No useful purpose would be served in keeping the present petition pending any further or calling for counter affidavit, the present writ petition is disposed of with the following observations:
(i) the petitioner shall undertake to file a certified copy of this order before the D.I.O.S., Moradabad within a period of two weeks from today;
(ii) the D.I.O.S., Moradabad shall continue to hold the preliminary inquiry as is reflected from the communication dated 18.08.2018 and the same may be concluded in accordance with law as expeditiously as possible, preferably within a period of two moths from the date of receipt of order;
(iii) further action, if any, may be initiated against the petitioner, in accordance with law, upon conclusion of the aforesaid inquiry;
(iv) during the pendency of the aforesaid preliminary inquiry, the operation and effect of communication dated 18.08.2018 shall kept in abeyance.
Order Date :- 27.10.2018 Abhilash