Court No. - 7
Case :- WRIT - A No. - 17592 of 2018 Petitioner :- Smt. Setho Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Devendra Saini Counsel for Respondent :- C.S.C.,Durga Singh,Sanjay Kumar
Hon'ble Dinesh Kumar Singh,J.
The petitioner was appointed on contract basis as Physical Education and Scout Guide teacher in the Kasturba Gandhi Balika Vidhyalaya, Town Banat, District Shamli. When she was having charge of the Warden of the School, three girls of Class VI, VII and VIII eloped from the school on 21st July 2018. These girls were not found out and they came back to the school only on 22nd July 2018. The petitioner did not immediately inform the concerned authorities and police authorities about missing of these three girls from the School. Considering the aforesaid dereliction in duties by the petitioner, vide impugned order dated 24/25th July 2018, her contractual engagement has been cancelled.
Learned counsel for the petitioner submits that the petitioner was not at fault and no action has been taken against the Warden, Gatekeeper and the Peon of the hostel, who were responsible for safety and security of the hostel inmates. The Warden of the hostel had left without giving any information, therefore, the responsibility was of the Warden and not of the petitioner.
Learned counsel for the respondents, however, submits that the petitioner at the relevant point of time was In-
charge Warden and during her tenure as In-charge Warden, the incident had taken place. Moreover her appointment was on contractual basis and there is no vested right on her to continue in employment. The appointment letter of the petitioner does not provide that before her appointment on contract basis is cancelled or terminated, she should be given an opportunity of hearing.
I agree with the contention of the counsel for the respondents that the appointment of the petitioner was on contract basis and the appointment letter does not contemplate any inquiry before her appointment is terminated. There is very serious lapse on the part of the petitioner while performing her duties as teacher and In- charge Warden of the school. Considering the seriousness of the matter and the conduct of the petitioner, her contractual employment has been terminated. I, therefore, do not find any good ground to interfere with the writ petition, which is hereby dismissed without costs.
It is, however, made clear that the termination of contractual employment of the petitioner will not be considered as stigma on her career for future employment.
Order Date :- 21.8.2018 NSC