Smt Shashi Mishra vs State Of Up And 3 Others
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Allahabad High Court

Smt Shashi Mishra vs State Of Up And 3 Others on 1 March, 2024

Author: Saurabh Shyam Shamshery

Bench: Saurabh Shyam Shamshery

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:37295
 
Court No. - 36
 
(Item No. 14)
 

 
Case :- WRIT - A No. - 3294 of 2024
 

 
Petitioner :- Smt Shashi Mishra
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Anurag Tripathi,Garima Chauhan,Rahul Kumar Mishra
 
Counsel for Respondent :- C.S.C.,Kushmondeya Shahi
 

 
Hon'ble Saurabh Shyam Shamshery,J.
 

1.Heard Sri Anurag Tripathi, learned counsel for petitioner and Sri K. Shahi, learned Standing Counsel.

2. Petitioner has approached this Court being aggrieved by the impugned order whereby after inquiry she has been punished with dwell punishment. First punishment is for stoppage of one increment for specified period (vinirdisht) and secondly she has been transferred within block to another school.

3. Learned counsel for petitioner has vehemently argued that inquiry has been conduct in a malafide manner behind her back. Neither inquiry report was submitted nor petitioner was granted any opportunity of hearing nor any show cause notice was served upon him before punishment order was passed.

4. Learned counsel for petitioner further submits that details of punishment are ambiguous and referred judgments that order of transfer could not be punitive in nature. He fairly submitted that against the aforesaid order an appeal has been filed, which is still pending.

5. Learned counsel for respondents submits that despite opportunity, petitioner has not submitted any reply to the charge-sheet nor has ever demanded copy of inquiry report, but the same will be provided to the petitioner within one week from today.

6. Since the matter is seized with appellate authority, therefore, this Court is not entering into the merits of the case at this stage. However, petitioner will be at liberty to amend the appeal after getting copy of inquiry report and she is also to at liberty to file a stay application which shall be considered by Appellate Authority within a period of two weeks from the date of filing of amended appeal.

7. Meanwhile, petitioner shall join at the transferred place. However, it will remain subject to the outcome of the decision of the stay application.

8. Meanwhile, if salary of petitioner is not paid without any legal impediment, it shall be released. In case the petitioner makes any default in joining at transferred place it may be taken as adverse during hearing of the stay application.

9. With the aforesaid observation/direction, this writ petition is disposed of.

Order Date :- 1.3.2024

SB