Dilip Gupta, J. - (1.) THE Petitioner -Vandana Upadhyay is the wife of Anand Kumar Upadhyay, who is an Assistant Teacher in Primary Vidhyalaya Arajee Taufir, Block -Pardaha, district Mau (hereinafter referred to as the 'Institution'). This petition has been filed by her for a direction upon the Respondents to complete the departmental and administrative inquiry pending against Respondent No. 5, who is the District Basic Education Officer at Mau and to cease the working of Respondent No. 5 as the District Basic Education Officer till the inquiry is concluded.
(2.) IT is stated that after inspection of Primary Schools the Petitioner submitted a complaint dated 7th January, 2011 against the District Basic Education Officer before the Secretary of the U.P. Basic Education, Government of U.P. Lucknow and this complaint filed by the Petitioner was clubbed with certain other complaints filed against the said Officer. The Special Secretary, Government of U.P. sent a communication dated 9th March, 2011 to the District Magistrate, Mau with the direction to get an inquiry conducted in respect of the allegations made against Respondent No. 5 District Basic Education Officer. A departmental inquiry against Respondent No. 5 -District Basic Education Officer is proceeding but as no action is being taken, this petition has been filed for the reliefs stated above. Learned Counsel for the Petitioner has submitted that since various complaints have been filed against Respondent No. 5 -District Basic Education Officer the enquiry should have been done particularly when a direction had been issued to conclude the inquiry but still the enquiry has not been concluded.
(3.) SRI V.K. Kushwaha, learned Counsel appearing for the Respondents has, however, submitted that this petition at the instance of the Petitioner, who is not a teacher in any of the Primary Schools under the control of Respondent No. 5 -District Basic Education Officer, cannot be entertained. He has pointed out that this petition has been filed by Vandana Upadhyay (wife of Anand Kumar Upadhyay) for the reason that Anand Kumar Upadhyay was suspended while working as an Assistant Teacher in a Primary School in district Mau by the order dated 27th December, 2010 passed by the District Basic Education Officer. He has also pointed out that Sri Anand Prakash Pandey -Advocate had earlier also filed Writ Petition in this Court being Writ Petition No. 41753 of 2011 for a direction upon the State Government to remove Respondent No. 5 -District Basic Education Officer, which petition was dismissed by a Division Bench of this Court by the judgment and order dated 2nd August, 2011. It is his submission that Sri Anand Prakash Pandey Advocate has as a counsel for the Petitioner Vandana Upadhyay now filed this petition after the dismissal of the said petition for the same reliefs. He had also filed a complaint against the District Basic Education Officer, Mau as is clear from the communication dated 2nd April, 2011 sent by the In -Charge Officer on behalf of the District Magistrate, Mau to the Petitioner as also to Anand Prakash Pandey for producing evidence against Respondent No. 5 -District Basic Education Officer on 15th April, 2011.;