Court No. - 39
Case :- WRIT - A No. - 11054 of 2019 Petitioner :- Ravendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shivendu Ojha,Radha Kant Ojha (Senior Adv) Counsel for Respondent :- C.S.C.,Gagan Mehta,Harsh Vardhan Gupta,M.N. Singh Hon'ble Neeraj Tiwari,J.
Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioner, learned Standing Counsel appearing for respondent no. 1 and Sri Harsh Vardhan Gupta, learned counsel for the respondent nos. 2 and 3 and Sri M.N. Singh as well as Sri Gagan Mehta, learned counsel for the respondent no. 4.
On the last occasion i.e. 22.07.2019, Court has passed following order;
"Heard Sri R.K. Ojha, learned Senior Counsel assisted by Sri Shivendu Ojha, learned counsel for the petitioner, learned Standing Counsel appearing for respondent no. 1 and Sri Harsh Vardhan Gupta, learned counsel for the respondent nos. 2 and 3 and Sri M.N. Singh as well as Sri Gagan Mehta, learned counsel for the respondent no. 4.
Learned counsel for the petitioner submitted that the petitioner had obtained B. Ed. degree in the Session 2004-05 from Dr. Bhimrao Ambedkar University Agra. He was appointed as Assistant Teacher in Primary School Kantipar, Block Sarsawan, District Kaushambi vide order dated 30.7.2010 and joined his service on 3.8.2010. Later on, certain inquiry was conducted and on the basis of the said inquiry, a show cause notice dated 19.1.2018 was issued to the petitioner, which was duly replied by the petitioner on 17.2.2018 annexing all the relevant documents, but till date no order has been passed on the reply of the petitioner. He further submitted that without taking any decision on the reply of the petitioner, impugned order dated 8.7.2019 has been passed by respondent no. 3 by which salary of the petitioner has been stopped. He next submitted that without taking any decision against the petitioner during pendency of inquiry, salary cannot be stopped.
Sri Harsh Vardhan Gupta, learned counsel for the respondent nos. 2 and 3 prays for and is granted one week time to seek instruction about decision taken by respondent no. 3 pursuant to show cause notice dated 19.1.2018 as well as reply dated 17.2.2018 filed by petitioner.
Put up as a fresh case on 30.7.2019."
Pursuant to that order, instruction dated 27.7.2019 has produced before the Court, which is taken on record. In the said instruction, there is no reply to the query raised by the Court that pursuant to show cause notice dated 19.1.2018 and reply dated 17.2.2018, any decision has been taken or not and vide impugned order dated 8.7.2019 sent to Block Education Officer for providing certain document to take action against the petitioner, salary of petitioner was stopped, which is not permissible under the law as without awarding any punishment to the petitioner, salary of the petitioner cannot be stopped.
Under such facts and circumstances, order dated 8.7.2019 passed by respondent no. 3 is modified and so far as it directs the Finance and Accounts Officer (Basic Education), Kaushambi to stop salary of the petitioner is quashed. Finance and Accounts Officer (Basic Education), Kaushambi is directed to release the salary of the petitioner on month to month basis subject to conclusion of proceeding initiated pursuant to impugned order dated 8.7.2019 in accordance with law. If any decision is taken against the petitioner after conclusion of proceeding, it is open for respondent no. 3 to pass fresh order of punishment.
With the aforesaid observations, the writ petition is partly allowed.
No order as to costs.
Order Date :- 30.7.2019 Arvind