Court No. - 5
Case :- WRIT - A No. - 12131 of 2021 Petitioner :- Ram Jiyavan Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Pradeep Kumar Upadhyay Counsel for Respondent :- C.S.C.,Ram Suphal Shukla
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondents no.1 to 6.
The petitioner by means of present writ petition has assailed the order dated 23.07.2021 by which a show cause notice has been issued against the petitioner for certain charges and further, by the said order, his increment has been stopped.
It is submitted by learned counsel for the petitioner that under Section 21 of the UP Secondary Education Selection Board Act, 1982, the increment cannot be stopped without prior approval and without conducting any enquiry. It is further submitted that neither any enquiry was conducted nor opportunity of hearing was afforded to the petitioner, nor any prior approval has been obtained, therefore, the order is not sustainable.
Learned Standing Counsel contends that the charges against the petitioner are very serious and therefore, the order stopping the increment has correctly been passed by the authority.
Be that as it may, the order impugned dated 23.07.2021 is reproduced herein-below:-
"अधधोहस्तताक्षररी कके वविदतालय कके कतायतार्यालय कके पततात्रांक 18-19 वदिनतात्रांक 20-7-2021 कके दतारता शरी रताम जजियताविन स०अ० पर वविदतालय धन कता गबन करनके एवित्रां ववितरीय अवनयवमतता कता आरधोप लगतायता गयता हहै । आरधोपपों ककी गम्भरीरतता कधो दिकेखतके हहए शरी रताम जजियताविन स०अ० ककी विकेतन विवृधधदि अविरुधदि ककी जितातरी हहै । आरधोपपों ककी प्रवत छतायताप्रवत सत्रांलग्न हहै ।"
The order impugned does not disclose that any notice and opportunity of hearing was afforded to the petitioner before passing the order stopping the increment of the petitioner nor any prior approval as contemplated under Section 21 of the UP Secondary Education Selection Board Act, 1982 has been obtained.
Though, the learned Standing Counsel has vehemently tried to defend the order but could not point out that any notice and opportunity of hearing was afforded to the petitioner before passing the order impugned.
In view of the submissions advanced by the parties, as the order reflects that the same has been passed without giving any notice and opportunity of hearing to the petitioner and without conducting any enquiry and without obtaining prior approval as contemplated under Section 21 of the UP Secondary Education Selection Board Act, 1983, therefore, the order impugned so far as it stops the increment of the petitioner being not sustainable is quashed. However, the respondents may continue the enquiry in pursuance of order dated 23.07.2021.
With the observations made above, the writ petition is disposed off.
Order Date :- 29.10.2021 SS