- (1.) THE petitioner is aggrieved by the order dated 27th September, 2001 of the State Government by which she has been punished with 50% deduction of her pension, after her retirement as Asstt. Director (Basic), Allahabad on 31.8.2000, for which she was served with charges, vide chargesheet dated 5.6.1998 by the State Government with the approval of Governor of Uttar Pradesh, and with approval to the punishment by the U.P. Public Services Commission dated 12.7.2001.
(2.) WE have heard Shri Avanish Mishra, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents. The petitioner was appointed as Asstt. Teacher on 26.9.1961 in Government Girls Inter College, Azamgarh. After selections she was appointed as Lecturer of Urdu in Government Girls Inter College, Ghazipur in 1965. She was selected for appointment on the post of Principal in the year 1990 and thereafter as Principal of Government Girls Inter College, Daha, Meerut. In 1995 she was promoted as District Inspector of Schools and was posted in Distt. Gonda from where she was transferred to Distt. Mau in 1995 and on 1.11.1997 she was given additional charge of District Inspector of Schools, Azamgarh. She was posted as Distirct Inspectors of Schools, Jaunpur on 2.11.1997, and retired on superannuation serving as Asstt. Director (Basic) at Allahabad on 31.8.2000. A chargesheet dated 5.6.1998, was served upon her, when she was posted as District Inspector of Schools, Mau, with following allegations:- "I. The petitioner had accorded approval to one Sri Mohd. Fuzail Ansari on the post of Lecturer (Urdu) in Muslim Inter Collegte, Mau without there being a sanctioned post. II. The petitioner accorded financial approval and made the payment of the following teachers in different institutions mentioned herein below:- a) Shri Ganesh Dutt Upadhyaya V.R.K. Inter College Assistant Teacher Validpur Mau b) Sri Ram Narain Prasad Janta Siksha Niketan Inter College, Dubari, Mau c) Sri Naseem Khan (Peon) Taleemuddin Inter College, Mau d) Sri Ajajul Hassan Taleemuddin Inter (Assistant Teacher) College, Mau e) Sri Mustaq Ahmad Darul Uloom Clerk Niswa, Mau A appointment as peon in National Inter College, Mohamdabad, Gohana III. In violation of the order dated 19.9.1997 passed by this Hon'ble Court, the petitioner certified signature of the Manager on 22.9.1997. IV. The petitioner had negligently submitted the certificate regarding utilisation of Rs.60,000/- for construction of Common Room in Shaheed Inter College, Madhuwan, District-Mau. The petitioner illegally certified the signature of Sri Brijendra Yadav ignoring the Senior Lecturer Sri Surendra Nath Chaubey."
(3.) THE petitioner submitted a detailed reply to the charges on 15.9.1998. In respect of charge no.1 she submitted that she had already given an explanation to Director (Madhyamik) U.P. on 23.4.1998, a copy of which was enclosed with the reply. In reply to charge no.2 the petitioner stated that she passed the order dated 1.11.1997 for releasing salary of Shri Ganesh Dutt Upadhyay, Asstt. Teacher, VRK Inter College, Validpur on the interim order dated 15.4.1997 passed by the High Court. In respect of Ram Narain Prasad, Asstt. Teacher, Janta Siksha Niketan Inter College, Dubari, Mau, she submitted that he was appointed against substantive vacancy. She had requested the Accounts Officer to submit report on 1.6.1996, on which she was advised by him on 8.7.1996 that financial approval can be given to his salary in view of the orders of the High Court, and consequently she passed an order on 28.10.1997, and was thereafter relieved on transfer on 1.11.1997. In respect of Shri Naseem Khan, Peon in Taleemuddin Inter College, Mau, she submitted that he was appointed on the death of late Imran Khan by decision of District Level Selection Committee on 19.8.1997 in which the approval of the Accounts Officer was also included. THE charge of illegally approving appointment of Shri Naseem Khan was not found proved. In respect of Shri Ajajul Hasan, Asstt. Teacher in Taleemuddin Inter College, Mau the petitioner submitted that he was appointed on the vacancy caused on the retirement of Shri Shameem Ahmad, the Principal of the college on 30.6.1997. The financial approval of the appointment was given by the Deputy Director of Education on 26.6.1997. He was Asstt. Teacher in the same college. Shri Niyaj Ahmad was allowed to officiate as Principal and in his place Shri Ajajul Hasan was appointed temporarily and had worked from 13.10.1997 to 14.5.1998.;