CHANDRA SHEKHAR Vs. JOINT DIRECTOR OF EDUCATION
LAWS(ALL)-2018-9-220
HIGH COURT OF ALLAHABAD
Decided on
September 07,2018
CHANDRA SHEKHAR
Appellant
VERSUS
JOINT DIRECTOR OF EDUCATION
Respondents
Referred Judgements :-
S.C. GIROTRA V. UNITED COMMERCIAL BANK [REFERRED TO]SALAHUDDIN ANSARI V. STATE OF U.P. [REFERRED TO]
MAHESH NARAIN GUPTA V. STATE OF U.P. [REFERRED TO]
RAJESH PRASAD MISHRA V. COMMISSIONER,JHANSI DIVISION,JHANSI [REFERRED TO]
SUBHASH CHANDRA GUPTA V. STATE OF U.P. [REFERRED TO]
ASSOCIATED CEMENT COMPANIES LIMITED CHAIBASA CEMENT WORKS JHINKPANI VS. THEIR WORKMEN [REFERRED TO]
PUNJAB NATIONAL BANK LIMITED ALL INDIA PUNJAB NATIONAL BANK EMPLOYEES FEDERATION VS. ALL INDIA PUNJAB NATIONAL BANK EMPLOYEES FEDERATION:PUNJAB NATIONAL BANK LIMITED [REFERRED TO]
IMPERIAL TOBACCO COMPANY OF INDIA LIMITED VS. ITS WORKMEN [REFERRED TO]
MEENGLAS TEA ESTATE VS. WORKMEN [REFERRED TO]
STATE OF UTTAR PRADESH VS. C S SHARMA [REFERRED TO]
K L TRIPATHI VS. STATE BANK OF INDIA [REFERRED TO]
KASHINATH DIKSHJTA VS. UNION OF INDIA [REFERRED TO]
STATE BANK OF PATIALA VS. S K SHARMA [REFERRED TO]
STATE OF UTTAR PRADESH VS. T P LAL SRIVASTAVA [REFERRED TO]
STATE OF UTTAR PRADESH VS. SHATRUGHAN LAL [REFERRED TO]
ROOP SINGH NEGI VS. PUNJAB NATIONAL BANK [REFERRED TO]
BIECCO LAWRIE LTD VS. STATE OF WEST BENGAL [REFERRED TO]
STATE OF U P VS. SAROJ KUMAR SINHA [REFERRED TO]
UMA SHANKAR YADAV VS. REGISTRAR OF COOP SOCIETIES [REFERRED TO]
SUBHASH CHANDRA SHARMA VS. MANAGING DIRECTOR U P CO OP SPG MILS FEDERATION LTD [REFERRED TO]
SUBHASH CHANDRA SHARMA VS. U P COOPERATIVE SPINNING MILLS [REFERRED TO]
TATA OIL MILLS COMPANY, LIMITED VS. ITS WORKMEN [REFERRED TO]
CHAMOLI DISTRICT CO-OPERATIVE BANK LTD. THROUGH ITS SECRETARY/MAHAPRANDHAK & ANR. VS. RAGHUNATH SINGH RANA & ORS. [REFERRED TO]
JUDGEMENT
SUDHIR AGARWAL, J. -
(1.)Heard Sri Vimlesh Kumar, learned counsel appearing for petitioner and learned Standing Counsel for respondents 1 and 2. None appeared on behalf of respondent even in the revise call.
(2.)This writ petition has been filed against order dated 15.01.2005 (Annexure 9 to this writ petition) passed by respondent 3 whereby petitioner has been terminated from service.
(3.)The facts stated in writ petition shows that petitioner was appointed as Peon on 29.08.2003 by respondent 3, Principal, Kaushambi Inter College Mau, District Chitrakoot (hereinafter referred to as 'College') and since then he is working continuously. On 17.11.2004, Principal of College placed petitioner under suspension. Order of suspension was issued by Principal of College without seeking approval from District Inspector of School, Chitrakoot (hereinafter referred to as "DIOS"). Petitioner made a representation against suspension order vide letter dated 06.12.2004 (Annexure 3 to the writ petition) and thereafter on 30.12.2004, he received a charge-sheet dated 26.12.2004 issued by Principal of College. In the meantime, petitioner also received a letter dated 24.12.2004 issued by Sri Shiv Pratap Mishra, Inquiry Officer, asking petitioner to appear before him to place his defence in respect of charges levelled against him on 05.01.2005. The letter also says that in case, petitioner fails to appear before him on that date, it would be deemed that he has nothing to say and inquiry will proceed exparte. Since petitioner was unwell, by letter dated 31.12.2004, he requested Principal of College for grant of medical leave from 01.01.2005 to 15.01.2005. No order was passed by him and instead, petitioner received a letter dated 10.01.2005 sent by Inquiry Officer, asking petitioner to appear before him on 15.01.2005 along with documents verifying his illness and also place his defence. Petitioner informed Inquiry Officer that he is not well and sought five days time vide letter dated 15.01.2005. It appears that Inquiry Officer without holding any further inquiry, concluded proceeding and submitted report on 15.01.2005, and on same date, Principal of College passed order of termination dated 15.01.2005, impugned in the present writ petition.
(2.)This writ petition has been filed against order dated 15.01.2005 (Annexure 9 to this writ petition) passed by respondent 3 whereby petitioner has been terminated from service.
(3.)The facts stated in writ petition shows that petitioner was appointed as Peon on 29.08.2003 by respondent 3, Principal, Kaushambi Inter College Mau, District Chitrakoot (hereinafter referred to as 'College') and since then he is working continuously. On 17.11.2004, Principal of College placed petitioner under suspension. Order of suspension was issued by Principal of College without seeking approval from District Inspector of School, Chitrakoot (hereinafter referred to as "DIOS"). Petitioner made a representation against suspension order vide letter dated 06.12.2004 (Annexure 3 to the writ petition) and thereafter on 30.12.2004, he received a charge-sheet dated 26.12.2004 issued by Principal of College. In the meantime, petitioner also received a letter dated 24.12.2004 issued by Sri Shiv Pratap Mishra, Inquiry Officer, asking petitioner to appear before him to place his defence in respect of charges levelled against him on 05.01.2005. The letter also says that in case, petitioner fails to appear before him on that date, it would be deemed that he has nothing to say and inquiry will proceed exparte. Since petitioner was unwell, by letter dated 31.12.2004, he requested Principal of College for grant of medical leave from 01.01.2005 to 15.01.2005. No order was passed by him and instead, petitioner received a letter dated 10.01.2005 sent by Inquiry Officer, asking petitioner to appear before him on 15.01.2005 along with documents verifying his illness and also place his defence. Petitioner informed Inquiry Officer that he is not well and sought five days time vide letter dated 15.01.2005. It appears that Inquiry Officer without holding any further inquiry, concluded proceeding and submitted report on 15.01.2005, and on same date, Principal of College passed order of termination dated 15.01.2005, impugned in the present writ petition.
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