A.P.SAHI, J. - (1.) HEARD Shri P.N. Saxena, learned Senior Counsel for petitioner and Shri Vijai Gautam learned Counsel who? has filed counter-affidavit on behalf of respondent Nos. 2 and 3.
(2.) THE petitioner has challenged the order dated 19.9.2005 whereby the respondent Nos. 2 and 3 have placed the petitioner under suspension and have further proceeded to hold enquiry against the petitioner in respect of the charges referred to therein. In the counter-affidavit filed by the respondents, the charge-sheet which has been prepared in respect of the proposed enquiry, has also been filed and one Ajeet Singh has been disclosed as the Chairman of the Enquiry Committee which has been set up again the petitioner. Learned Counsel for the petitioner contends that on the same set of charges, the Committee of Management has previously proceeded to suspend the petitioner, whereupon the matter was looked into by the Basic Education Officer and an order was passed on 21.4.2003 copy whereof has been annexed as Annexure 1 to the rejoinder-affidavit.
(3.) A perusal of the said order indicates that several charges have been levelled against the petitioner. There is, however, no explanation in the counter-affidavit as to why the enquiry proceeding did not proceed against the petitioner in spite of the fact that the Committee had levelled the said charges against the petitioner long back. The matter has again taken up by the Committee and the charge-sheet is dated 6.10.2005. It is thus, evident that even the charge-sheet was not prepared when the order of suspension was passed or even prior to that. A perusal of the charge-sheet would demonstrate that it contains almost six charges, which were matter of investigation by the Basic Education Officer on the earlier occasion. The order of suspension, therefore, proceeds on the basis 6f same charges which were in existence according Jo the respondents way back in the year 2003. The order of suspension, therefore, is founded on the basis of the earlier charges where after the petitioner had been allowed to continue in service.;