Heard Sri S.N. Srivastava, learned counsel for the petitioner, Sri Avadhesh Shukla, learned counsel for opposite parties no. 1 and 2 and the learned Standing Counsel for the opposite party no.4.
Issue notice to the opposite party no.3 returnable at an early date. Steps be taken within a week.
By means of present writ petition, the petitioner is seeking a writ of certiorari for quashing the impugned order dated 31.05.2010 passed by the opposite party no.1.
The submission of learned counsel for the petitioner is that the petitioner is a Assistant Teacher at Uchch Prathamik Vidyalaya (Kanya) Purwa, district Unnao and is a fag end of her career. The petitioner is suffering from heart disease and acute arthritis in legs, due to which she is often confined to bed as swollen legs, which do not permit her to move. The petitioner on account of pain and swollen legs on 19.04.2010 was advised seven days' rest by the doctor of Health Centre, Purwa. The period of rest was further extended and finally she remained on medical leave till 03.06.2010 and she was issued fitness certificate for assuming her duties on 04.06.2010. The petitioner informed about her illness to the Principal of the school. The further submission of learned counsel for the petitioner is that during the illness of the petitioner, the teachers of the school were asked to participate in the training camp for census from 11.05.2010 to 13.05.2010 and since the petitioner was suffering from illness and was on medical leave, she could not attend the training camp. The opposite party no.1 without application of mind and inquiring the matter on the dictates of Up-Zila Adhikari, Purva placed the petitioner under suspension by means of order dated 31.05.2010. It is also submitted by the learned counsel for the petitioner that if any explanation would have been sought from the petitioner or school of the petitioner, the information about the illness of the petitioner would have been sent to the opposite party no.1.
I have considered the arguments of learned counsel for the petitioner and gone through the record.
It is evident from the impugned suspension order dated 31.05.2010 that the same has been passed on the dictates of the Up-Zila Adhikari, Purwa and the opposite party no.1 while passing the suspension order has not tried to find out as to why the petitioner has not attended the training camp of census. In view of the above, the impugned suspension order dated 31.05.2010 is hereby stayed till further orders of this Court.
Learned counsel for the opposite parties may file their respective counter affidavits within three weeks. Rejoinder affidavit, if any, may be filed within a week thereafter.
List after expiry of the aforesaid period.
Order Date :- 28.6.2010 Suresh/-