Shiv Prasad Saroj vs State Of U.P. And 4 Ors
2014 Latest Caselaw 7935 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 59
 
Case :- WRIT - A No. - 58027 of 2014
 
Petitioner :- Shiv Prasad Saroj
 
Respondent :- State Of U.P. And 4 Ors
 
Counsel for Petitioner :- P.N. Tripathi
 
Counsel for Respondent :- C.S.C.,R.P. Shukla
 

 
Hon'ble Rajan Roy,J.

The petitioner is working as in-charge of the Prathmik/Purva Madhyamik Vidyalaya, Jhauwa, block Aurai, district Sant Ravidas Nagar, Bhadohi. On a complaint made by the the petitioner, an inquiry was conducted in the year 2014. The petitioner has annexed  the copy of the inquiry report dated 29.9.2014 as Annexure-1 to this writ petition. It does not disclose the absence of the petitioner or one Anil Kumar, Assistant Teacher,  yet the petitioner has been suspended by the District Basic Education Officer, Sant Ravidas Nagar, Bhadohi, (Respondent no. 3) vide order dated 9.10.2014 on the ground of absence of Anil Kumar, Asstt. Teacher.

Serious allegations of mala fide extraneous consideration have  been levelled by the petitioner against  Sri Arvind Kumar Pandey, Basic Education Officer (Respondent no. 5) on whose report dated 2.10.2014 the suspension order is said to have been passed.

It is stated that the petitioner has submitted a complaint to the higher officer against respondent no. 5 making serious allegations before issuance of the suspension order.

Considering the serious allegations made in the complaints made by the petitioner against respondent no. 5 and in the writ petition and in view of the inspection report annexed as Annexure-1 to the writ petition, it is necessary to call for the original records relating to suspension of the petitioner and also those relating to the complaint madeby the petitioner to the Basic Shiksha Adhikari. 

Let  the same be produced by Sri RP Shukla, the learned counsel for Basic Shiksha Adhikari on 5.11.2014.

Till the next date of listing, the operation of the impugned order dated 9.10.2014 passed by respondent no. 3 shall remain stayed.

Order Date :- 31.10.2014

SKS