DHRUV NARAIN SINGH Vs. STATE OF U P AND OTHERS
LAWS(ALL)-2017-1-402
HIGH COURT OF ALLAHABAD
Decided on January 13,2017

Dhruv Narain Singh Appellant
VERSUS
State Of U P And Others Respondents

JUDGEMENT

Pradeep Kumar Singh Baghel, J. - (1.) In this batch of the writ petitions, primarily the issue involved is with regard to validity of appointment of a large number of the teachers, who have been said to be appointed in district Ballia without any sanction of the post. This Court has passed several orders from time to time to hold an inquiry with regard to the sanctioned posts in recognized institutions of district Ballia.
(2.) The order sheet reveals that the Chief Secretary, the Secretary Secondary Education and other senior officials of the State have been called in person from time to time to ensure the compliance of various orders passed by this Court in Writ Petition No. 26307 of 2016, Dhruv Narain Singh Vs. State of U.P. The learned Advocate General was requested to assist the Court. From perusal of the various interim orders of this Court, it also appears that an inquiry was also conducted by the CBCID which has submitted a report that large number of the appointments have been made on the basis of forged documents on non-existent posts/vacancies. The Court was given an assurance that a Committee headed by a person senior to Secretary, Secondary Education shall be constituted and it shall conduct the inquiry and conclude the same after hearing to the Committees of Management of the institutions and the teacher concerned within a stipulated period. After completing the inquiry and exchange of affidavits, this Court in its order dated 26.10.2010, expressed its dissatisfaction on the report of the said inquiry and has passed the following order:- "The Chief Secretary, U.P. Government, Lucknow shall summon the original records from the office of the Secretary, Secondary Eduation, Director of Secondary Education, Regional Joint Director of Education, Azamgarh Region, Azamgarh, District Inspector of Schools, Ballia and from such other officers, as may be necessary and shall himself determine as to how many posts of (I) Principal, (ii) Teachers, (iii) Class-III employees and (iv) Class-IV employees have been created institution-wise for the district Ballia under an order in writing by a competent authority, as required under the statutory provisions of Act No. 24 of 1971. He will then determine as to how many persons in excess of such sanctioned posts in fact have been paid salary from the State Exchequer. The Secretary will pin point the officers responsible for the situation created and shall take all appropriate action against them. If the Chief Secretary comes to a conclusion that deliberately the records have been tempered with or have been damaged or lost or concealed, he shall lodge a first information report against the officers responsible as the head of the office concerned along with other persons responsible for maintaining the records. An affidavit in that regard must be filed before this Court by 11th November 2010. In case the Chief Secretary fails to do so, he shall remain present before this Court on the next date with all relevant documents after summoning the same from the offices noticed above. Put up on 11th November, 2010."
(3.) Meanwhile, the salaries of all the teachers of District Ballia working in the recognized institutions were stopped till the inquiry is completed in compliance of the previous order. The Court has further from time to time issued directions to the Chief Secretary to complete the inquiry and certain directions were also issued for the guidance of the Committee.;


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