Order on Civil Misc. Amendment Application.
The amendment application filed by the petitioner is allowed.
Order on writ petition.
The present writ petition has been filed praying for a writ of mandamus commanding the respondent no.4 i.e. District Basic Education Officer-Agra to place the petitioner in Primary School- Nagla Kali, Block Barauli Aheer, District Agra on the post of Assistant Teacher in the primary school.
The petitioner has already been posted in the aforesaid school by order dated 10.1.2020 passed by the Block Education Officer, Block Barauli Aheer, District Agra. The said order has been annexed as Annexure No.'14' to the writ petition.
It has been stated in the writ petition that subsequently by some order dated 4.8.2020 passed by the Block Education Officer, the attachment of the petitioner to Primary School-Nagla Kali has been cancelled. No such cancellation order has been brought on record in the present writ petition.
In view of the aforesaid, the prayer in the writ petition cannot be granted.
Further, from the order dated 3.10.2020 annexed with the affidavit filed in support of amendment application and passed by the District Basic Education Officer-Agra, it appears that the petitioner herself was avoiding to join at Nagla Kali. Through order dated 3.10.2020, the petitioner has been put under suspension by the District Basic Education Officer on ground of misbehaving with the Headmistress of the Primary School Naubari, Block Barauli Aheer, District Agra and was interfering in the work of Head-Mistress. The said order has been challenged through the amendment application.
There is no jurisdictional error in the order passed by the District Basic Education Officer-Agra and the content of the writ petition as well as the affidavit filed in support of amendment application do not indicate any mala fide on the part of District Basic Education Officer-Agra. The charge-sheet has already been issued to the petitioner and it has been stated in paragraph-30(C) of the proposed amendment that the petitioner submitted her reply on 29.10.2020.
In view of the aforesaid, it is not a fit case for interference under Article 226 of the Constitution of India and the prayers in the writ petition as well as the amendment application are rejected.
However, it is directed that the District Basic Education Officer-Agra shall ensure that the inquiry proceedings instituted against the petitioner are completed expeditiously, preferably, within three months from the date a copy of this order is served on him subject to co-operation by the petitioner in the aforesaid proceedings.
With the aforesaid directions, the writ petition is disposed of.
Order Date :- 25.1.2021 Jyotsana