Court No. - 5
Case :- WRIT - A No. - 3164 of 2019 Petitioner :- Sudhesh Kumar Gautam Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mahboob Ahmad Siddiqui Counsel for Respondent :- C.S.C.,Syed Nadeem Ahmad
Hon'ble Ashok Kumar,J.
Heard learned counsel for the petitioner and learned Counsel for the respondents.
The submission of the counsel for the petitioner is that the petitioner is an Assistant Teacher posted at Prathmic Vidyalaya Makhmelpur Education Block Ghosi District Mau.
After attending the 1st session on 09.01.2019 the petitioner went to pursue the parents of the poor children to send them for education in the petitioner's primary vidyalaya.
It is noticed from the documents/ pleadings that on 09.01.2019 the B.S.A. has visited the institution and at the time of the visit of the B.S.A. the petitioner was not found in the school. A show cause noticed dated 09.01.2019 was issued to the petitioner to show cause and to explain as to why the petitioner was absent on the date of inspection.
A detailed reply was filed by the petitioner (copy of which is enclosed as annexure 5) addressed to the District Basic Shiksha Adhikari mentioning therein that the petitioner in fact has attended the school in the morning session on 09.01.2019 and thereafter seeing the less attendance of the children/ students he went to the nearby villages to pursue the parents of the children to send their children for studies in the institution hence at the time of inspection the petitioner was not present in the school.
The contention of the counsel for the petitioner is that without any basis or reason an order, behind the back of the petitioner, was passed by the B.S.A. and on account of the said order one day salary of the petitioner is not paid.
In view of the aforesaid facts and peculiar circumstances, this Court proposes to dispose of the writ petition by directing the B.S.A. to take sympathetical attitude and will pass a reasoned order considering the explanation of the petitioner.
This Court therefore proposes to direct the petitioner to appear before the B.S.A. on 14.03.2019 at his office and the B.S.A. will consider the request / explanation of the petitioner and will pass an appropriate order.
The writ petition is disposed of.
Order Date :- 28.2.2019 SK Srivastava