Smt. Yeshviri Panwar vs State Of U.P. And 5 Others
2019 Latest Caselaw 6490 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 39
 
Case :- WRIT - A No. - 11038 of 2019
 
Petitioner :- Smt. Yeshviri Panwar
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- A.K.Srivastava
 
Counsel for Respondent :- C.S.C.,Gagan Mehta,Rajesh Yadav
 

 
Hon'ble Neeraj Tiwari,J.

Supplementary affidavit filed today be taken on record.

Heard learned counsel for the petitioner, learned Standing Counsel for the respondent nos. 1 & 2 and Sri M.N. Singh, learned counsel for the respondent no.4 and Sri Rajesh Yadav, learned counsel for the respondent nos. 3, 5 & 6.

Learned counsel for the petitioner submitted that petitioner has passed B.Com examination from Dr. Bheem Rao Ambedkar University, Agra. Thereafter, she has obtained B.Ed. degree in the year 2005 from the same University and thereafter, she was selected for Vishisht B.T.C. Course 2008. She was appointed as Assistant Teacher on 30.7.2010 and submitted her joining at Primary School, Rasoolpur, Vikas Kshetra Joya District Jyotiba Phule Nagar. During her service, she has received show cause notice dated 28.6.2019 in which it is stated that she has obtained service on the basis of tampered marksheet and directed to submit her reply as to why criminal and disciplinary proceedings may not be initiated against her. By the same show cause notice, instruction was issued to Finance and Accounts Officer, Office of District Basic Education Officer, Baghpat for stopping the salary of the petitioner. Immediately after, receiving the show cause dated 28.6.2019, she has submitted her reply on 8th July, 2019 upon which no decision has yet been taken by the respondents. Lastly, he submitted that without taking any decision and without awarding any punishment, salary of the petitioner cannot be stopped.

Sri Rajesh Yadav, learned counsel for the respondent nos. 3, 5 & 6 could not dispute the factual position of the case.

Therefore, under such facts and circumstances, order dated 28.6.2019 passed by respondent no. 5 is modified and so far as it directs the Finance and Accounts Officer, Office of Zila Basic Shiksha Adhikari, Baghpat to stop salary of the petitioner, is quashed. Finance and Accounts Officer, Office of Zila Basic Shiksha Adhikari, Baghpat is directed to release the salary of the petitioner on month to month basis subject to conclusion of proceeding initiated pursuant to show cause notice dated 28.6.2019 in accordance with law. If any decision is taken against the petitioner after completion of proceeding, it is open for respondent no. 5 to pass fresh order of punishment.

With the aforesaid observations, the writ petition is partly allowed.

No order as to costs.

Order Date :- 1.8.2019

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