Court No. - 3
Case :- WRIT - A No. - 20987 of 2019 Petitioner :- Santosh Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Rohit Upadhyay Counsel for Respondent :- C.S.C.,Gagan Mehta,Vikram Bahadur Singh
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 & 2, Sri Vikram Bahadur Singh, learned counsel for the respondent nos. 3 & 4 and Sri Gagan Mehta, learned counsel for the respondent no.5.
Learned counsel for the petitioner submitted that he does not want to press first prayer of the writ petition and petition may be confined only to the second prayer.
Learned counsel for the petitioner submitted that petitioner has obtained B.Ed. degree in the year 2005 from Dr. Bheem Rao Ambedkar University, Agra. He was appointed as Assistant Teacher on 27.12.2010 and submitted his joining at Primary School, District Auraiya and transferred to Etawah on 11.07.2013. During his service, he has received show cause notice dated 20.09.2019 by Zila Basic Shiksha Adhikari, Etawah in which it is stated that he has obtained service on the basis of tampered marksheet and directed to submit his reply as to why criminal and disciplinary proceedings may not be initiated against him. Immediately after receiving the show cause dated 20.09.2019, he has submitted his reply on 28.09.2019 upon which no decision has yet been taken by the respondents. Lastly, he submitted that without taking any decision and without awarding any punishment, salary of the petitioner cannot be stopped.
Sri Vikram Bahadur Singh, learned counsel for the respondent nos.3 & 4 could not dispute the factual position of the case.
Therefore, under such facts and circumstances, order dated 04.11.2019 passed by respondent no. 4 is modified to stop salary of the petitioner, is quashed. Finance and Accounts Officer, Office of Zila Basic Shiksha Adhikari, Etawah is directed to release the salary of the petitioner on month to month basis subject to conclusion of proceeding initiated pursuant to show cause notice dated 20.09.2019 in accordance with law. If any decision is taken against the petitioner after completion of proceeding, it is open for respondent no. 4 to pass fresh order of punishment.
With the aforesaid observations, the writ petition is partly
allowed. No order as to costs.
Order Date :- 20.12.2019 S.Sharma