Court No. - 58
Case :- WRIT - A No. - 13182 of 2018 Petitioner :- Smt. Babita Rani Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Jai Krishna Tiwari
Hon'ble Ashwani Kumar Mishra,J.
In somewhat similar facts and circumstances, a Writ Petition No.8160 of 2018 has been disposed of by this Court vide following orders passed on 16.4.2018:-
"It appears that certain complaints have been made with regard to deficiency in the qualifications possessed by the petitioner in respect of which an equiry has been initiated. An order has been passed by the District Basic Education Officer, Ghaziabad on 30th December, 2017 stating that so long as the mater is not examined, the salary of the petitioner shall not be disbursed.
Attention of the Court has been invited to a reference made by the District Basic Education Officer, Ghaziabad dated 21st February, 2018 enclosed as Annexure- 11 to the writ petition requiring certain guidance in the matter from the Divisional Assistant Director of Education (Basic), First Division Meerut. The situation, as it stands, is that the petitioner although is working but he is not receiving salary.
While entertaining the writ petition, time was allowed to the respondents to obtain instruction.
Sri J.K. Tiwari, learned counsel for respondent nos. 5 and 6 states that the authority concerned shall take an appropriate decision in accordance with law.
From the materials brought on record, it transpires that the petitioner's appointment stands approved as on date. It is also not in dispute that the petitioner is working. In such circumstances, merely because certain enquiry has been initiated, it would not be appropriate for the respondents to withhold the petitioner's salary.
The present writ petition is accordingly disposed of with the observations that respondent no.4 shall be at liberty to examine the issue relating to legality of the petitioner's appointment in terms of the reference made by the District Basic Education Officer, Ghaziabad on 21st February, 2018 in accordance with law by way of reasoned order to be passed within four months from the date of production of a certified copy of this order. It goes without saying that the petitioner shall be afforded opportunity of hearing in the matter. Petitioner, in the meantime, shall be allowed to receive salary, which is due and payable to him from month to month. However, the same shall abide by the orders to be passed by respondent no.4 in that regard."
In the present case also, petitioner's salary has been stopped on account of some enquiry initiated against her appointment.
In such circumstances, this writ petition is disposed of with the observations that respondent no.4 shall be at liberty to examine the issue relating to legality of the petitioner's appointment in terms of the reference made by the District Basic Education Officer, Ghaziabad on 21st February, 2018, in accordance with law, by way of reasoned order to be passed within four months from the date of production of a certified copy of this order. It goes without saying that the petitioner shall be afforded opportunity of hearing in the matter. Petitioner, in the meantime, shall be allowed to receive salary, which is due and payable to her from month to month. However, the same shall abide by the orders to be passed by respondent no.4 in that regard.
Order Date :- 30.5.2018 Ashok Kr.