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याची शिक्षक की जगह और कोई बाहरी व्यक्ति पढ़ा रहा था , हेड मास्टर पर गाज गिरी , याची शिक्षक को अंतिम आदेश तक सर्विस सेलरी कंटीन्यू ,
बेसिक शिक्षा विभाग में यह सब खुले आम हो रहा - नौकरी किसी के नाम पर , पढ़ा कोई और रहा , शिक्षक समय पर आते नहीं , पढ़ाते नहीं
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- SERVICE BENCH No. - 13336 of 2017
Petitioner :- Ashwani Pratap Singh
Respondent :- State Of U.P. Thru Additional Chief Secy.Deptt.Of Basic &Ors
Counsel for Petitioner :- Kshemendra Shukla
Counsel for Respondent :- C.S.C.,Bindhyawashni Kumar
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Rakesh Srivastava,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
It is alleged that on 2.12.2016 the petitioner made a surprise visit at Purva Madhyamik Vidyalaya, Ranjitpurwa where Smt. Chinta Singh, Head Mistress was present, but Pawan Kumar Yadav, Assistant Teacher was absent and in his place one outsider was imparting education to the students. On inquiry, the petitioner came to know that the outsider was imparting education to the students with the consent of Head Mistress. On 3.12.2016, the petitioner submitted a report in the office of respondent no.4 recommending strict disciplinary action against Amarjeet Singh, Incharge and Smt. Chinta Singh, Head Mistress. It is alleged that such kind of practice is prevailing in several school of the district. On coming to know about the said report the Uttar Pradeshiya Prathmik Shikshak Sangh, Gonda (in short 'Sangh') on 21.1.2017 made a complaint against the petitioner to the District Magistrate, Gonda in which it was inter alia stated that the petitioner was the original resident of District Gonda, and as such, he could not be posted in district Gonda. On the very next day i.e. on 22.1.2017, on the basis of the said complaint, the District Magistrate/ District Election Officer, Gonda passed an order directing the District Basic Education Officer, Gonda to write a letter to the Director of Education (Basic) U.P., and till the time the petitioner was transferred out of Gonda, he be attached in the office of the latter. In pursuance of the order dated 22.1.2017, the District Basic Education Officer on 23.1.2017 passed an order by means of which the petitioner was attached with the office of the District Basic Education Officer, Pant Nagar, Gonda.
On 9.3.2017,� the District Basic Education Officer wrote to the Director of Education (Basic) wherein after referring to the complaint made by the Sangh it was stated that the Additional District Magistrate in his inquiry had come to the conclusion that the parental house and property of the petitioner was in District Gonda; that the attitude of the petitioner towards other teachers was not proper; his behaviour was indecent and the working of the petitioner was not like that of a government servant. It was further stated that the petitioner had accepted that Gonda was his parental home and had requested to continue him in Gonda on the ground of his disability, but looking into the seriousness of the matter on account of serious complaint and charges against the petitioner, it was expedient that the petitioner be transferred out of Gonda. It was further stated that after going through the inquiry report, and after obtaining legal opinion of the District Government Counsel, the District Magistrate/ District Election Officer, Gonda had directed that as Model Code of Conduct was in operation, the petitioner be immediately relieved and disciplinary inquiry be initiated against him after serving a charge sheet upon him. In the light of the above, it was stated that the petitioner was being relieved from District Gonda and recommendation was being made for initiating disciplinary action against the petitioner on the basis of the complaint received against him. Copy of the said letter was forwarded to the petitioner directing him to submit his joining in the office of the Additional Director of Education (Basic), Allahabad.
In pursuance of the letter dated 22.1.2017 of the District Magistrate, Gonda and letter dated 23.1.2017 of the District Basic Education Officer, Gonda, the Additional Director of Basic Education, Directorate of Education, Allahabad passed an order on 30.5.2017 by means of which the petitioner has been transferred from the post of Block Education Officer, Gonda to District Kannauj on administrative grounds and in public interest.
The order dated 30.5.2017 is under challenge in the present writ petition.
Learned counsel for the petitioner has submitted that the impugned order of transfer dated 30.5.2017 has been passed in mala fide exercise of power inasmuch as without there being any transfer order the petitioner was relieved from Gonda and was attached with the office of the Additional Director of Education (Basic), Allahabad. It has been further submitted that recital in the letter dated 9.3.2017 of the District Basic Education Officer, Gonda that the petitioner had admitted that Gonda was his home town is absolutely incorrect. Learned counsel has vehemently submitted that home town of the petitioner is Basti and this is borne out from the service book of the petitioner, and even assuming that the home town of the petitioner was Gonda, as per transfer policy the petitioner being a physically handicapped person could be posted in his home town on his own report subject to availability of post. Learned counsel has submitted that transfer order has been passed by way of punishment and cannot be sustained in the eye of law.
Learned Standing Counsel, on the other hand, has submitted that the transfer is an incident of service and has tried to justify the impugned order.
We have heard learned counsel for the parties and gone through the record.
Admittedly, complaint was made by the Sangh on 21.12.2016 and on the very next day the petitioner was attached with the office of the District Basic Education Officer, Gonda and without there being any order of transfer the petitioner was relieved from Gonda and attached with the office of Additional Director of Education (Basic), Allahabad. The home town of the petitioner recorded in the service book is Basti and the petitioner, being a handicapped candidate, as per policy of the State Government, even assuming his home town was Gonda, could be continued in Gonda.
We are, prima facie, of the opinion that the undue haste and the manner in which the petitioner has been removed from the post of Block Education Officer, Gonda and ultimately has been transferred out of Gonda smacks of mala fide and is by way of punishment.
Notice on behalf of the respondents has been accepted by the office of the learned Chief Standing Counsel.
Learned standing counsel prays for and is granted four weeks' time to file counter affidavit. Petitioner, if so advised, may file rejoinder affidavit within two weeks thereafter.
List this case after the expiry of the aforesaid period.
Till the next date of listing operation of the impugned order dated 30.5.2017, contained in Annexure No.1 to the writ petition, passed by the Additional Director of Basic Education, Directorate of Education, Allahabad shall remain stayed and the petitioner shall be allowed to continue on the post of Block Education Officer, Gonda and shall be paid his salary.
Order Date :- 8.6.2017
Anupam
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याची शिक्षक की जगह और कोई बाहरी व्यक्ति पढ़ा रहा था , हेड मास्टर पर गाज गिरी , याची शिक्षक को अंतिम आदेश तक सर्विस सेलरी कंटीन्यू ,
बेसिक शिक्षा विभाग में यह सब खुले आम हो रहा - नौकरी किसी के नाम पर , पढ़ा कोई और रहा , शिक्षक समय पर आते नहीं , पढ़ाते नहीं
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 4
Case :- SERVICE BENCH No. - 13336 of 2017
Petitioner :- Ashwani Pratap Singh
Respondent :- State Of U.P. Thru Additional Chief Secy.Deptt.Of Basic &Ors
Counsel for Petitioner :- Kshemendra Shukla
Counsel for Respondent :- C.S.C.,Bindhyawashni Kumar
Hon'ble Devendra Kumar Upadhyaya,J.
Hon'ble Rakesh Srivastava,J.
Heard learned counsel for the petitioner and the learned Standing Counsel.
It is alleged that on 2.12.2016 the petitioner made a surprise visit at Purva Madhyamik Vidyalaya, Ranjitpurwa where Smt. Chinta Singh, Head Mistress was present, but Pawan Kumar Yadav, Assistant Teacher was absent and in his place one outsider was imparting education to the students. On inquiry, the petitioner came to know that the outsider was imparting education to the students with the consent of Head Mistress. On 3.12.2016, the petitioner submitted a report in the office of respondent no.4 recommending strict disciplinary action against Amarjeet Singh, Incharge and Smt. Chinta Singh, Head Mistress. It is alleged that such kind of practice is prevailing in several school of the district. On coming to know about the said report the Uttar Pradeshiya Prathmik Shikshak Sangh, Gonda (in short 'Sangh') on 21.1.2017 made a complaint against the petitioner to the District Magistrate, Gonda in which it was inter alia stated that the petitioner was the original resident of District Gonda, and as such, he could not be posted in district Gonda. On the very next day i.e. on 22.1.2017, on the basis of the said complaint, the District Magistrate/ District Election Officer, Gonda passed an order directing the District Basic Education Officer, Gonda to write a letter to the Director of Education (Basic) U.P., and till the time the petitioner was transferred out of Gonda, he be attached in the office of the latter. In pursuance of the order dated 22.1.2017, the District Basic Education Officer on 23.1.2017 passed an order by means of which the petitioner was attached with the office of the District Basic Education Officer, Pant Nagar, Gonda.
On 9.3.2017,� the District Basic Education Officer wrote to the Director of Education (Basic) wherein after referring to the complaint made by the Sangh it was stated that the Additional District Magistrate in his inquiry had come to the conclusion that the parental house and property of the petitioner was in District Gonda; that the attitude of the petitioner towards other teachers was not proper; his behaviour was indecent and the working of the petitioner was not like that of a government servant. It was further stated that the petitioner had accepted that Gonda was his parental home and had requested to continue him in Gonda on the ground of his disability, but looking into the seriousness of the matter on account of serious complaint and charges against the petitioner, it was expedient that the petitioner be transferred out of Gonda. It was further stated that after going through the inquiry report, and after obtaining legal opinion of the District Government Counsel, the District Magistrate/ District Election Officer, Gonda had directed that as Model Code of Conduct was in operation, the petitioner be immediately relieved and disciplinary inquiry be initiated against him after serving a charge sheet upon him. In the light of the above, it was stated that the petitioner was being relieved from District Gonda and recommendation was being made for initiating disciplinary action against the petitioner on the basis of the complaint received against him. Copy of the said letter was forwarded to the petitioner directing him to submit his joining in the office of the Additional Director of Education (Basic), Allahabad.
In pursuance of the letter dated 22.1.2017 of the District Magistrate, Gonda and letter dated 23.1.2017 of the District Basic Education Officer, Gonda, the Additional Director of Basic Education, Directorate of Education, Allahabad passed an order on 30.5.2017 by means of which the petitioner has been transferred from the post of Block Education Officer, Gonda to District Kannauj on administrative grounds and in public interest.
The order dated 30.5.2017 is under challenge in the present writ petition.
Learned counsel for the petitioner has submitted that the impugned order of transfer dated 30.5.2017 has been passed in mala fide exercise of power inasmuch as without there being any transfer order the petitioner was relieved from Gonda and was attached with the office of the Additional Director of Education (Basic), Allahabad. It has been further submitted that recital in the letter dated 9.3.2017 of the District Basic Education Officer, Gonda that the petitioner had admitted that Gonda was his home town is absolutely incorrect. Learned counsel has vehemently submitted that home town of the petitioner is Basti and this is borne out from the service book of the petitioner, and even assuming that the home town of the petitioner was Gonda, as per transfer policy the petitioner being a physically handicapped person could be posted in his home town on his own report subject to availability of post. Learned counsel has submitted that transfer order has been passed by way of punishment and cannot be sustained in the eye of law.
Learned Standing Counsel, on the other hand, has submitted that the transfer is an incident of service and has tried to justify the impugned order.
We have heard learned counsel for the parties and gone through the record.
Admittedly, complaint was made by the Sangh on 21.12.2016 and on the very next day the petitioner was attached with the office of the District Basic Education Officer, Gonda and without there being any order of transfer the petitioner was relieved from Gonda and attached with the office of Additional Director of Education (Basic), Allahabad. The home town of the petitioner recorded in the service book is Basti and the petitioner, being a handicapped candidate, as per policy of the State Government, even assuming his home town was Gonda, could be continued in Gonda.
We are, prima facie, of the opinion that the undue haste and the manner in which the petitioner has been removed from the post of Block Education Officer, Gonda and ultimately has been transferred out of Gonda smacks of mala fide and is by way of punishment.
Notice on behalf of the respondents has been accepted by the office of the learned Chief Standing Counsel.
Learned standing counsel prays for and is granted four weeks' time to file counter affidavit. Petitioner, if so advised, may file rejoinder affidavit within two weeks thereafter.
List this case after the expiry of the aforesaid period.
Till the next date of listing operation of the impugned order dated 30.5.2017, contained in Annexure No.1 to the writ petition, passed by the Additional Director of Basic Education, Directorate of Education, Allahabad shall remain stayed and the petitioner shall be allowed to continue on the post of Block Education Officer, Gonda and shall be paid his salary.
Order Date :- 8.6.2017
Anupam
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