WPSS/201/2021
2022 Latest Caselaw 1331 UK

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                                      WPSS No. 201 of 2021
                                      Hon'ble Manoj Kumar Tiwari, J.

Mr. Lalit Samant, Advocate for the petitioner. Ms. Anjali Bgargava, Additional Chief Standing Counsel for the State of Uttarakhand.

Heard learned counsel for the parties. Petitioner was appointed as Assistant Teacher in a Government Primary School in District Rudraprayag, in the year 2009. His services has been terminated by District Education Officer (Elementary), Rudraprayag, vide order dated 21.08.2020. Petitioner filed appeal against termination order, which too has been dismissed by Appellate Authority, vide order dated 26.11.2020.

Feeling aggrieved by these two orders, petitioner has filed this writ petition.

Learned counsel for the petitioner contends that Disciplinary Authority in respect of the petitioner is District Education Officer (Elementary), however, charge-sheet was issued to him by Deputy Education Officer, which is contrary to provisions contained in Statutory Rules. He further submits that the report submitted by Enquiry Officer was also not supplied to petitioner. He further points out that Enquiry Officer had recommended the punishment to be imposed upon petitioner, which he could not have done, in view of provision contained in Rule 7(2) of Disciplinary & Appeal Rules, 2003, as amended in 2010.

Learned counsel for the petitioner has placed reliance upon a judgment dated 21.04.2022 rendered by this Court in WPSS No. 664 of 2020. He submits that this writ petition may be decided in terms of the said judgment.

Learned State counsel concedes that the controversy involved in the said writ petition was identical, thus, according to her, she would have no objection, if this writ petition is decided in terms of the said judgment.

In such view of the matter, the impugned orders dated 21.08.2020 & 26.11.2020 are liable to be set-aside and are hereby set aside. The writ petition is allowed. However, the Competent Authority will be at liberty to hold Disciplinary Enquiry afresh as per the relevant provision of Uttarakhand Government Servants (Discipline & Appeal) Rules, 2003.

(Manoj Kumar Tiwari, J.) 27.04.2022 Navin