Court No. - 58
Case :- WRIT - A No. - 8883 of 2018 Petitioner :- Smt. Shalini Saxena Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Krishnaji Khare,Mrityunjay Khare Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition, following orders were passed on 23.4.2018:-
"Grievance of the petitioner is that she was attached to Primary School, Bakalpur, Vikas Khand, Mathura on account of her difference with one Vijay Veer Singh, who was posted as Head Master of Primary School, Chandra Nagar, Vikas Khand, Mathura.
Vide order impugned dated 07.03.2018, petitioner has been asked to work again at Primary School, Chandra Nagar, Vikas Khand, Mathura.
Grievance of the petitioner is that there would be no justification for petitioner to be sent again at Primary School, Chandra Nagar, Vikas Khand, Mathura, once she had been transferred due to her differences with the Head Master, by the respondents themselves. It is also stated that order of suspension is otherwise arbitrary as the charges against the petitioner are not serious enough so as to warrant any major punishment.
Submission is that the authorities in the facts and circumstances ought not to compel the petitioner to join at Primary School, Chandra Nagar, Vikas Khand, Mathura.
Sri A.K. Yadav, learned counsel appearing on behalf of respondent nos. 2 to 4 may obtain instruction from respondent no. 2 in that regard.
The authority concerned shall examine the issue raised before this Court and it shall be open to them to make suitable arrangement in the meantime.
As prayed, put up this matter in the additional cause list once again on 30.04.2018."
Sri A.K. Yadav, appearing for the District Basic Education Officer, Mathura, states that petitioner has already joined at Bakalpur.
In view of the fact that petitioner has already joined at the institution, where she was attached, there would be no justification for the respondents to allow the petitioner to remain under suspension. So far as the enquiry in the matter is concerned, a charge sheet has already been issued and it is expected that proceedings would be concluded shortly.
In such circumstances, this writ petition stands disposed of by making following observations that:-
(i). Order of suspension passed against the petitioner on 7.3.2018 stands quashed.
(ii). Petitioner's attachment at the primary institution at Bakalpur shall continue and she would be allowed to work there, and would also be paid salary.
(iii). Enquiry proceedings initiated against the petitioner would be concluded, within a period of four month from the date of presentation of certified copy of this order.
(iv). Petitioner undertakes to submit a reply within two weeks from today, and also to cooperate in the enquiry proceedings.
(v). It shall be open for the respondents to pass a fresh order, in accordance with law, after conclusion of the enquiry.
Order Date :- 30.4.2018 Anil