C/M Sri Har Gauri Sanskrit Uttar Madhyamik Vidyalaya Thru. Its. Manager Bhoopal Krishna Dwivedi vs. State Of U.P. Through Its Principal Secty

Court No. - 20

Case :- WRIT - A No. - 133 of 2022

Petitioner :- C/M Sri Har Gauri Sanskrit Uttar Madhyamik Vidyalaya Thru. Its. Manager Bhoopal Krishna Dwivedi Respondent :- State Of U.P. Through Its Principal Secty, Secondary Education, Lko And 4 Orthers Counsel for Petitioner :- Anshuman Singh Rathore,Rajeev Kumar Srivastava Counsel for Respondent :- C.S.C.

Hon'ble Jaspreet Singh,J.

Heard learned counsel for the petitioner. Notice on behalf of respondent nos. 1 to 4 has been accepted by the office of the learned Additional Chief Standing Counsel for the Staterespondents.

By means of the instant petition, the petitioner is assailing the impugned order dated 15.09.2021 passed by the Director of Secondary Education in Appeal whereby the order dated 11.09.2020 passed by the Joint Director of Education (Secondary) has been affirmed.

The submission of learned counsel for the petitioner is that the private respondent no. 5 who was an Assistant Teacher, with the institution of which the Committee of Management has preferred the instant writ petition, by resorting to misrepresentation of his appointment. Even during the tenure of his appointment, he had procured the degree of Masters while for the same period he has drawn the salary from the institution as well. A proposal regarding the aforesaid was submitted before the respondent no. 2 who rejected the same and appeal preferred by the petitioner has also met the same fate.

It is further submitted that the documents which was submitted by the petitioner which clearly corroborated the stand of the petitioner has not been considered rather by only referring to the explanation submitted by the respondent no. 5. The impugned orders have been passed whereas the clear submissions as well as the documents evidencing the charges which were levelled against the respondent no. 5 has not been noticed.

The matter requires consideration.

Let the notice be issued to the respondent no. 5.

Steps shall be taken by learned counsel for the petitioner within a period of one week.

In the meantime, it shall be open for the State-respondent as well as private respondents to file their counter affidavit.

List this matter in the week commencing 07.03.2022.

It shall be open for the petitioner to serve the private respondents outside the Court and furnish an affidavit of service prior to the next date of listing.

Order Date :- 7.2.2022 Asheesh