WPSS/3066/2018
2021 Latest Caselaw 5306 UK

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                                      WPSS No.3066 of 2018
                                      Hon'ble Sharad Kumar Sharma, J.

Mr. Narendra Bali, Advocate for the petitioner.

Mr. Virendra Singh Rawat, Brief Holder for the State of Uttarakhand.

The petitioner to the present writ petition has come up with the case, that he was initially appointed as Instructor in the Government Primary School, Bagowali, Alipur, Bahadarabad, District Haridwar. Thereafter the petitioner continued to serve with the respondents till a fact revealed to him as a consequence of report submitted by the SIT, wherein it was found that the procurement of an appointment by the petitioner was based upon the fraudulent High School mark sheet, which is said to have been fraudulently obtained by him.

On that premise, the order shows, that the notices were issued to the petitioner and he submitted his response to it; but that in itself will not amount to be a strict compliance of the provisions contained under Rule 7 of the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003, which contemplates, that when the appointing authority is of the view that owing to the set of allegations, a major punishment has to be imposed, in that eventuality, the compliance of Rule 7 of the Rules of 2003, becomes mandatory.

Thus, while allowing this writ petition the impugned order of 30/16.08.2018 is set aside. The matter is remitted back to the District Education Officer (Primary Education), Haridwar to pass a fresh order after complying with the provisions contained under Rule 7 of the Uttarakhand Government Servant (Discipline and Appeal) Rules, 2003 and he is expected to complete his enquiry within a period of six months from the date of production of certified copy of this judgment. During this period of pendency of the proceedings under Rule 7 of the Rules of 2003, the petitioner would be treated to be under suspension and would be remitted with the subsistence allowance in accordance with the provisions of the Financial Hand Book.

(Sharad Kumar Sharma, J.) 23.12.2021 Arti