Court No. - 58
Case :- WRIT - A No. - 12347 of 2018 Petitioner :- Dr. Ramesh Kumar Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Grijesh Tiwari
Hon'ble Ashwani Kumar Mishra,J.
An order dated 31st March, 2018 passed by the District Inspector of Schools, Kushinagar, attesting signatures of respondent no.5 as Officiating Principal is under challenge in the present writ petition. The order is challenged primarily on the ground that respondent no.5 has committed misconduct in terms of the appropriate service rules, on account of which he ought not to be considered for promotion to the post of Principal. A report of the Principal dated 30th March, 2018 has been relied upon in which various facts have been stated in order to demonstrate that respondent no.5 has married during the life time of his first wife, which clearly is a misconduct. Grievance of the petitioner is that this aspect of the matter has not been considered before passing the order impugned. Petitioner also places reliance upon a decision of the Apex Court in Bhupendra Nath Hazarika and another Vs. State of Assam and others, reported in (2013)2 SCC 516 in which it is held that a person, who has not been appointed in accordance with law, cannot claim benefit of seniority.
While entertaining the writ petition, following orders were passed on 22.5.2018:-
"Serious allegations are made against respondent no.5, on the ground that he has married twice, and in terms of the appropriate conduct rules, respondent no.5 is not entitled to continue in service, but the authorities are rewarding him by offering him promotion.
It would be appropriate to permit Sri Grijesh Tiwari appearing for the respondent no.5 to file an affidavit of respondent no.5, particularly with reference to the statement contained in the letter of Principal dated 30.3.2018. The details mentioned in the second paragraph of this letter shall be specifically explained.
Put up on 28.5.2018."
Today also a request for adjournment has been made on behalf of respondent no.5.
In the facts and circumstances, noticed above, this Court is of the opinion that the writ petition be disposed of with a direction upon the Director of Education to examine the grievance of petitioner in light of the report submitted by the Principal of the institution dated 30.3.2018, within a period of four weeks from the date of presentation of certified copy of this order. Petitioner as well as respondent no.5, both, shall appear before the Director on 6th June, 2018 and the Director, after specifically examining the report of the Principal shall pass a fresh order, in accordance with law. The order dated 31st March, 2018 shall abide by the fresh orders to be passed by the Director, as indicated above.
With the aforesaid observations, this writ petition stands disposed of.
Order Date :- 28.5.2018 Anil