Court No. - 18
Case :- WRIT - A No. - 3026 of 2019 Petitioner :- Kamlesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pankaj Srivastava Counsel for Respondent :- C.S.C.,Harsh Vardhan Gupta
Hon'ble Prakash Padia,J.
Heard Sri Pankaj Srivastava, learned counsel for the petitioner, learned Standing Counsel for respondent Nos. 1 and 2 and Sri Harsh Vardhan Gupta, learned counsel representing respondent No.3.
The petitioner has preferred the present writ petition to release the salary of the petitioner from March 2017 to January, 2019 without any further delay.
It is contended by learned counsel for the petitioner that petitioner was appointed on the post of Assistant Teacher vide appointment letter dated 24.7.2013 and the petitioner was paid his salary from the State Exchequer up to February, 2017. Thereafter, the salary of the petitioner has been illegally withheld. It is further contended by learned counsel for the petitioner that except letter dated 4.5.2017, no further enquiry whatsoever has been conducted by the respondents and without passing any order in writing, the salary of the petitioner has been withheld which is absolutely arbitrary and Stygian the principle of law.
It is contended by Sri Harsh Vardhan Gupta, learned counsel for respondent No.3 that a show cause notice had been issued to the petitioner by the District Basic Education Officer, Kaushambi on 4.5.2017. It is further contended that forged and fabricated mark-sheets were submitted by the petitioner while applying for appointment on the post in question. It is further contended that although reply dated 16.05.2017 was given by the petitioner but these facts have not been denied by the petitioner.
In this view of the matter and with the consent of learned counsel for the parties, the present writ petition is disposed of at the admission stage directing the respondent No.3/District Basic Education Officer, Kaushambi to conclude the enquiry, if any, pending before him initiated vide letter dated 4.5.2017.
The petitioner is also directed to make a fresh representation ventilating all his greivances before the respondent No.3 along with certified copy of this order within a period of two weeks from today.
If such a representation is made, respondent No.3/District Basic Education Officer, Kaushambi is directed to pass appropriate orders in accordance with law within a further period of three months.
With the aforesaid observations, the writ petition is disposed of.
Nothing has been adjudicating on merits of the case and the respondent No.3/District Basic Education Officer, Kaushambi will pass orders independently without influencing any observations made by this Court.
Order Date :- 26.2.2019 saqlain