Hon'ble Virendra Kumar Dixit,J.
Heard learned counsel for the appellant and learned Standing Counsel.
The impugned suspension order dated 20.11.2009 passed by the Additional Director, Basic Education, U.P. at Allahabad. The suspension order has been passed on the ground that the appellant did not inform in his duty delinquently due to which salary one of the teacher could not be paid within time. Therefore, the lady teacher has approached this court for payment of her salary due to which image of the department has been tarnished.
Prima facie, we are of the opinion that the charges levelled against appellant are not such on the basis a major penalty could be awarded to the appellant. Therefore, the appellant is entitled for interim order.
Until further order of this court, the effect and operation of the order dated 5.1.2010 passed by learned Single Judge in Civil Misc. Writ Petition No.70678 of 2009 as well as impugned suspension order dated 20.11.2009 passed by Additional Director, Basic Education, U.P. at Allahabad (Annexure No.13 to the writ petition) shall remain stayed. The appellant shall continue in service as Assistant Basic Education Officer and his salary shall be paid regularly.
Order Date :- 19.1.2010 PKC