DEEP SINGH Vs. GURU NANAK INTER COLLEGE & OTHERS
LAWS(UTN)-2012-11-70
HIGH COURT OF UTTARAKHAND
Decided on November 08,2012

DEEP SINGH Appellant
VERSUS
Guru Nanak Inter College And Others Respondents

JUDGEMENT

- (1.) The writ petitioner is an Assistant Teacher L.T. Grade in Guru Nanak Intermediate College, Nanakmatta, District Udham Singh Nagar. The petitioner was served a charge-sheet on the allegation of misconduct that he did not divulge the relevant information that he obtained B.Ed. degree without permission of the college authority and there are other charges also. The Enquiry Officer was appointed without waiting for the reply to the chargesheet to be made by the petitioner. The petitioner, however, denied allegation in the charge-sheet. The Enquiry Officer proceeded to enquire into the alleged charges. On receipt of the report of the Enquiry Officer, the Disciplinary Authority has imposed punishment of termination of service of the petitioner. Before the disciplinary proceeding was initiated, the petitioner was put under suspension, however, no subsistence allowance was paid. It is alleged in the writ petition that enquiry was held even before expiry of the time given for supplying the reply.
(2.) The learned counsel appearing for the petitioner has submitted that since beginning the respondents authorities were bent upon to victimize the petitioner illegally and this will be reflected from their conduct that despite putting him under suspension no subsistence allowance was paid, either in the course of disciplinary proceeding or subsequent thereto. I have looked into the averments made in the counter affidavit and I find what the learned counsel for the petitioner submits as it has been admitted by the deponent of the said affidavit that subsistence allowance was not paid because he was having sufficient means to maintain himself as he is running shops and other business.
(3.) Moreover, he did not give any declaration which is required to be given for obtaining subsistence allowance.;


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