Court No. - 58
Case :- WRIT - A No. - 25022 of 2018 Petitioner :- Gangadhar Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Man Bahadur Singh Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Supplementary affidavit, filed today, is taken on record.
This petition is directed against orders dated 29.08.2018 and 11.10.2018; whereby, a direction has been issued by the District Inspector of Schools, Mau to the Management of Bapu Inter College, Kopaganj, District - Mau for stopping the salary payable to the present petitioner on the ground that relevant education certificates pertaining to the petitioner have not been furnished, which were required to be given on an application moved under Right to Information Act, 2005.
The orders impugned are challenged on the ground that there exists no jurisdiction with the District Inspector of Schools, Mau to stop the salary of the petitioner, particularly, when the issue, relating to legality of the petitioner's appointment, has otherwise been examined by this Court in Writ Petition No. 6338 of 2000, which stands affirmed with the dismissal of Special Appeal No. 624 of 2001. It is also stated that the petitioner is not even a BA, B.Ed. and has only passed a B.Sc., AG.
Petitioner undertakes to furnish his educational certificates, on the basis of which he has been appointed in the Institution concerned, to the District Inspector of Schools, as also the Principal, within a week from today.
The Inspector concerned shall be at liberty to proceed further, in accordance with law. However, as there exists no jurisdiction with the Inspector to stall the salary, particularly, when the order of financial approval has already been affirmed, the petitioner would be entitled to an interim protection.
Let this matter appear as fresh, once again, on 18.12.2018. The salary of the petitioner would not be stopped till then, pursuant to the orders impugned.
Learned standing counsel shall obtain instructions in the matter from the Inspector concerned by the next date fixed.
Order Date :- 28.11.2018 Amit Mishra