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Madhya Pradesh High Court · body

2011 DIGILAW 434 (MP)

Ram Bai Ahirwar v. State of M. P.

2011-04-06

SANJAY YADAV

body2011
JUDGMENT : Heard on admission. This petition is directed against the order dated 28-02-2011 (Annexure-P/8); whereby, the additional charge of Girls Hostel, Rajabandi, has been taken away from the petitioner and the petitioner is repatriated to her substantive post of Assistant Teacher. The petitioner was posted as Assistant Teacher in Government Primary School, Dwarka, Damoh, and was given additional charge of Girls Hostel Rajabandi vide order dated 21-01-2009. On 01-02- 2011 during the inspection carried out by local Member of Legislative Assembly the petitioner was found absent and only 24 girls out of 50 were found present in the hostel. There were complaints also in respect of quality of food which was being served to the hostelers. The aforesaid inspection led to issuance of a show cause notice. Two notices were issued to the petitioner, one by Sub Divisional Officer (Revenue), Hatta, district-Damoh on 07-02-2011 and the other by District Project Coordinator, District Education Centre, Damoh on 08-02-2011. Both the authorities independently conducted the inquiry and though in an inquiry held by the Sub Divisional Officer, Hatta, the complaints were not found substantiated. However, in an inquiry held by the District Project Coordinator the petitioner was found guilty of dereliction of the duties and the impugned order dated 28- 02-2011 was accordingly passed; whereby, the charge of Girls Hostel has been withdrawn from the petitioner. The aforesaid order as apparent therefrom has the approval of the Collector, Damoh. Contention of the petitioner is that having been exonerated by the Sub Divisional Officer the petitioner cannot be subjected to withdrawal of the charge of Girls Hostel. Contention of the petitioner when tested on the touchstone of documents on record, it is observed that in response to two notices issued by two different officers, a decision on 28- 02-2011 was taken by the competent authority i.e. District Project Coordinator in concurrence with District Collector and the charge is withdrawn from the petitioner. The Sub Divisional Officer who also issued notice to the petitioner, returned his finding on 07-03-2011 i.e. much after when the charge is withdrawn from the petitioner. The Sub Divisional Officer who also issued notice to the petitioner, returned his finding on 07-03-2011 i.e. much after when the charge is withdrawn from the petitioner. In the event whereof the only remedy left with the petitioner is to approach the Collector by way of representation, who in turn is directed to dwell upon the same and pass a reasoned and cogent order after affording an opportunity of hearing to the petitioner within a period of 15 days from the date of receiving such representation. The petition is thus finally disposed of with the aforesaid direction. Certified copy as per rules.