- (1.) THE present appeal has been filed against the judgment and order dated 22.6.2010 passed by the learned single Judge whereby the writ petition preferred by the present appellant has been dismissed. In the writ petition, the order of suspension has been challenged. The learned single Judge after going through the order of suspension did not find any good ground to interfere in the matter as the charges levelled are serious.
(2.) WE have heard Sri Anil Tewari, learned Counsel appearing for the appellant and have perused the judgment and order dated 22.6.2010 passed by the learned single Judge giving rise to the present appeal and the documents filed along with it. Sri Anil Tewari, learned Counsel submitted that the District Basic Education Officer, who had placed the appellant under suspension in view of the F.I.R. regarding certain incident and which has also been made one of the basis for passing the impugned suspension order. He submitted that in the writ petition preferred against lodging of the FIR, the arrest has been stayed by this Court and, therefore, the appellant could not have been placed under suspension. He further submitted that other grounds on which the appellant has been placed under suspension is non - existent as no inspection was made and further the appellant was on election duty during the relevant period. In the alternative, he submitted that the appellant should be given this much of consideration that a fair enquiry be conducted in the matter.
(3.) WE have given our thoughtful consideration to the various pleas raised by the learned Counsel for the appellant and are of the considered opinion that merely because in the writ petition preferred against the lodging of the FIR, arrest has been stayed would not mean that the incident did not occur and that is yet to be adjudicated upon and will not make the suspension order illegal or invalid. So far as the other charges regarding non -production of the documents are concerned, we may make it clear that if it is proved may entail major penalty. Therefore, the suspension order can not be interfered with at this stage.;