Court No. - 6
Case :- WRIT - A No. - 8788 of 2018 Petitioner :- Pramesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiv Poojan Yadav,Sunil Kumar Srivastava,Sr. Advocate Ashok Khare Counsel for Respondent :- C.S.C.,Arun Kumar
Hon'ble B. Amit Sthalekar,J.
Heard Sri Ashok Khare, learned Senior Counsel assisted by Sri Sunil Kumar Srivastava for the petitioner, Sri Arun Kumar, learned counsel for the respondent no.4 and the learned Standing Counsel for the respondents no. 1 to 3 The petitioner in the writ petition is seeking quashing of the order dated 19.2.2018 whereby his earlier suspension has been confirmed by the District Inspector of Schools, Saharanpur. A perusal of the impugned order shows that in an incident in which on the bag of a student of Class X belonging to the Scheduled Caste community somebody wrote words offensive to the Scheduled Caste Community. Upon this, the petitioner who himself belongs to the SC Community, thrashed one Rohit Kumar, who belonged to the Rajput Community. A three member committee was constituted which submitted its report confirming the incident upon which the petitioner was placed under suspension. However, going through the papers on record, it appears that the charges against the petitioner are grave which have been referred to by the petitioner in para 31 of the writ petition, particularly the incident referred to in para (vii) is very serious and though it has not been mentioned in the impugned order but it is noticed that there were two charge sheets issued to the petitioner and in one charge sheet there was a reference to the incident in which the petitioner was accused of rape of a minor school girl of the Village and it was alleged that he had paid Rs. 60,000/- to the father of the girl for getting her married elsewhere and to which the petitioner has also submitted his reply.
The charges are very serious and may not have been mentioned in the order of suspension but in the Committee's report, copy of which has been filed as Annexure-19 to the writ petition the name of the girl has also been mentioned and that she is 13-14 years old and studying in Class-VIII, everything has been mentioned. Considering all these facts, I do not find any ground for interfering with the impugned order of suspension dated 19.2.2018.
The writ petition lacks merit and is accordingly, dismissed.
The respondents are however, directed to conclude the departmental proceedings against the petitioner, expeditiously, preferably within a period of three months from the date of receipt of a certified copy of this order.
Order Date :- 30.3.2018 Kirti