Court No. - 58
Case :- WRIT - A No. - 23118 of 2018 Petitioner :- Km. Rina Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Amar Singh Kashyap Counsel for Respondent :- C.S.C.,Shashi Kant Verma
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order of suspension, passed by the District Basic Education Officer, Farrukhabad, dated 18.08.2018. The order records that petitioner has continuously been absenting from duty from the post of Assistant Teacher in Basic Primary School, Santoshpur, Mohammadabad, Farrukhabad. The order further records that petitioner is, otherwise, employed in Behraich and is also drawing salary on the post of Warden in Kasturva Gandhi School, Sultanpur. It is also stated that petitioner is continuously absent and once in a while, appears and fills the attendance register for other dates.
Learned counsel for the petitioner submits that charge sheet has not yet been issued to her.
Upon a pointed query raised by this Court, with regard to correctness of allegations made in the suspension order, learned counsel for the petitioner states that while returning to her home from Bhogaon, petitioner lost her entire original documents in the year 2013and it is possible that somebody may have misused it.
Reply of the petitioner does not appear to be convincing. No other infirmity in the order of suspension is, otherwise, pointed out; in as much as, the disciplinary inquiry has already been initiated against the petitioner and an Inquiry Officer has also been appointed. No case for interference under Article 226 of the Constitution of India is made out; in as much as, the allegations against the petitioner clearly appear to be serious in nature. Challenge to the order of suspension dated 18.08.2018, therefore, fails.
The writ petition is, accordingly, dismissed.
In the facts and circumstances of the case, however, it is provided that the disciplinary inquiry, initiated against the petitioner, would be got concluded, within a period of four months from the date of presentation of a certified copy of this order, provided the petitioner cooperates.
Order Date :- 29.10.2018 Amit Mishra