Court No. - 21
Case :- SPECIAL APPEAL No. - 674 of 2018 Appellant :- Minakshi Respondent :- State Of U.P. And 5 Ors.
Counsel for Appellant :- Narendra Kumar Pandey Counsel for Respondent :- C.S.C.,Jai Krishna Tiwari
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
This appeal is preferred to question correctness of the order dated 11th of July, 2018 passed by learned Single Bench, while disposing of the writ petition, directed the District Basic Education Officer, Ghaziabad to conclude the verification within three weeks and to pass an order in accordance with law within a period of three weeks after affording reasonable opportunity of hearing to the appellant- petitioner.
In brief facts of the case are that the appellant-petitioner entered in service of respondent no. 5 under an order dated 9th of October, 2015 passed by respondent no. 4. Under an order dated 30th of December, 2017 the respondent no. 4 stopped payment of salary to the appellant-petitioner till verification of testimonials submitted by her in relation to teaching experience. The case of the appellant- petitioner is that the respondent no. 4 is having no authority to stop the payment of salary while making verification of documents or otherwise. Learned Single Bench instead of examining merits of the case disposed of the writ petition by directing the District Basic Education Officer, Ghaziabad to conclude the verification within a period of three weeks by providing an opportunity of hearing to the appellant-petitioner.
On going through the judgment impugned, the averments in the petition for writ and the relevant rules, we find that after giving regular appointment to a person there is no authority available to the District Basic Education Officer, Ghaziabad to detain salary of an employee during pendency of some inquiry or verification. As a matter of fact the direction given to detain the payment of salary is absolutely without jurisdiction and, as such, deserves to be quashed.
In view of it, the appeal is allowed. The judgment passed by learned Single Bench is set aside. The order dated 30th of December, 2017 is set aside to the extent that directs for not making payment of salary to the appellant-petitioner.
Order Date :- 31.7.2018 Prajapati [Chandra Dhari Singh, J] [Govind Mathur, J]