Heard Sri S.P. Maurya, learned counsel for the petitioner and Sri D.R. Mishra for B.S.A.
There are two Writ Petitions No. 6179 of 2010 and 6180 of 2010 which have been filed by Sri Deep Bahadur Yadav and Smt. Suman Yadav respectively who are husband and wife. Since the facts and circumstances as well as the orders are identical in both these writ petitions and the circumstances are such that it is advisable that both the petitions may be disposed of by a common order.
The both petitioners have been placed under suspension by order dated 12.08.2010. Both the orders are identically worded, only the numbers have been changed. Sri S.P. Maurya, learned counsel for the petitioners has stated that there are malafide reasons for passing the suspension order. The A.B.S.A. of the block where Deep Bahadur Yadav was posted, had become annoyed due to some payment to the contractor. Although, these facts are not substantiated but the salaries for three months of husband and wife were simultaneously stopped by the A.B.S.A. which goes to show that there was some mala fide intention on the part of A.B.S.A. The husband and wife are both assistant teachers but they were posted in two different schools and hence the salary for the same period cannot be stopped and it cannot be accidentally Once elements of malafide is proved against A.B.S.A., his complaint to the B.S.A. regarding misbehavior and manhandling by the husband and wife does not inspire confidence. It has come on affidavit that Sri Deep Bahadur Yadav is suffering from tuberculosis. Moreover, it has also been mentioned in the petition that A.B.S.A. was holding a block coordination meeting, which goes to show that there must have been atleast 4 and 5 persons present in the office when the said incident is alleged to have been taken place. It appears unlikely that two teachers Sri Deep Bahadur Yadav and Smt. Suman Yadav, who are husband and wife, can come and physically attack A.B.S.A. specially when he is holding a meeting. On such complaint, the B.S.A. should have conducted some kind of preliminary inquiry before passing of suspension order in haste. In such a situation, it appears that the B.S.A. has passed the order in great hurry without application of mind.
Sri D.R. Mishra appearing for respondents prays for and is granted four weeks' time to file counter affidavit. Rejoinder affidavit may be filed within a week thereafter by the learned counsel for the petitioner.
List thereafter.
Meanwhile, the suspension orders of both the petitioners dated 12.08.2010 shall remain stayed. Further the salary of the petitioners, which has been withheld, shall also be released forthwith. However, any inquiry which the B.S.A. deems fit, may continue to its logical conclusion.
Order Date :- 8.9.2010 kkm