Court No. - 58
Case :- WRIT - A No. - 23215 of 2018 Petitioner :- Janki Prasad Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Mukesh Kumar Counsel for Respondent :- C.S.C.,Shashi Kant Verma
Hon'ble Ashwani Kumar Mishra,J.
Petitioner has been engaged on contractual basis as Itinerant Teacher in Prathamik Vidyalaya, Fatehgarh, Farrukhabad. It appears that in certain incident occurred on 29.9.2018 some of the study material was found to have burnt. The authorities have suspected involvement of petitioner and have accordingly taken a decision to discontinue petitioner's contractual engagement.
Learned counsel for the petitioner submits that conclusion about petitioner's involvement in the matter is not based on any enquiry, nor the petitioner's have been heard in the matter. Submission is that the procedure followed by the District Basic Education Officer, Farrukhabad for discontinuing petitioner's contractual engagement is wholly arbitrary and unsustainable.
Learned counsel representing the District Basic Education Officer, Farrukhabad submits that the authorities be permitted to revisit the issue.
Although petitioner's appointment is contractual in nature, but before the authorities could form an opinion of his involvement in the alleged incident of burning of study material, the authorities were expected to conduct a preliminary enquiry and afford an opportunity of hearing to the petitioner. No such procedure has been followed. The manner in which the decision has been taken for discontinuing petitioner's engagement is found to be violative of principles of natural justice.
The order impugned dated 29.9.2018, therefore, cannot be sustained and stands quashed. It shall, however, be open for the District Basic Education Officer, Farrukhabad to conduct a preliminary enquiry and after affording a reasonable opportunity of hearing take an appropriate decision, as may be warranted in law. Petitioner's further continuance would be subject to the fresh order to be passed in the matter.
Writ petition stands disposed off.
Order Date :- 29.10.2018 Ashok Kr.