Heard Sri Shireesh Kumar, learned counsel for the petitioner.
Notices on behalf of opposite party Nos.1 and 2 have been accepted by the office of the learned Chief Standing Counsel, while Sri Ajay Kumar, Advocate has accepted notices on behalf of opposite party Nos.3 and 4.
The submission of learned counsel for the petitioner is that the opposite party No.1 i.e. the Additional Chief Secretary, Department of Finance, Government of U.P., Civil Secretariat, Lucknow has passed the order dated 28.12.2018 whereby the petitioner was placed under suspension in violation of legal principles and existing materials for the reasons that for the issue in question the petitioner has already been punished vide order dated 23.03.2018.
As per learned counsel for the petitioner, the order dated 28.12.2018 clearly indicates that a preliminary enquiry was conducted by the Divisional Assistant Education Director (Basic), Gorakhpur under the orders passed by the opposite party No.2 i.e. the Director, Basic Education U.P., Lucknow regarding the payment of salary to irregular teachers/ employees in Janak Laghu Madhyamic Vidyalaya Madhipur Pakdi, Dhanpur, Salempur, District-Deoria on the basis of fabricated and fake documents. In the said enquiry, as per learned counsel for the petitioner, it was found out that the petitioner had made the payment at his own level to those teachers who were appointed on the basis of fabricated and fake documents as such for the complicity in the irregular appointments, the petitioner was placed under suspension and is attached with the office of Additional Director (Treasury and Pension) Gorakhpur Division, Gorakhpur.
It has also been submitted by learned counsel for the petitioner that the payment of salary was made to the employees of the College in compliance of orders issued by the State Government as well as the Director, Basic Education and the petitioner did not have any intention not to ensure compliance of order issued by the State Government and by the Director Basic Education, therefore, the allegations levelled against the petitioner regarding payment of salary on the basis of forged documents are unwarranted and uncalled for. Since the payment to the teachers has been made in a bonafide manner, as aforesaid, therefore, the petitioner should have not been placed under suspension in the same issue alleging that the payment to the teachers has wrongly been made by the petitioner.
The matter requires consideration.
Let counter affidavit be filed by the opposite parties within a period of three weeks. Rejoinder affidavit, if any, may be filed within a period of one week thereafter.
List this petition in the week commencing 25.02.2019 as fresh.
In the meantime, the suspension order dated 28.12.2018, passed by the opposite party No.1, which is contained as Annexure No.1 to the writ petition, is kept in abeyance. Consequences to follow. However, the continuance of the departmental enquiry has not been stayed and the Competent Authority would be at liberty to conduct the departmental enquiry, strictly in accordance with law, if so desire.
Order Date :- 24.1.2019 Suresh/ [Rajesh Singh Chauhan,J.]