Ankit Prajapati v. State of U. P. Thru Prin. Secy. Deptt. of Basic Edu. Lucknow
2016-11-30
P.K.S.BAGHEL
body2016
DigiLaw.ai
JUDGMENT Pradeep Kumar Singh Baghel,J. 1. The petitioner was employed as an Accountant on contract basis in Kasturba Gandhi Awasiya Vidyalaya, Asoha, District Unnao (for short, the "Institution"). He has preferred this writ petition for issuance of a writ of certiorari quashing the order dated 08.04.2015 passed by the second respondent terminating his services on the ground of misconduct. 2. A brief reference to the factual aspects would suffice. The petitioner was engaged on a fixed salary in the year 2011 for 11 months as an Accountant. His engagement was subject to further extension. A teacher of the Institution Manju Yadav made a complaint on 24.01.2015 against the Warden of the Institution. The District Basic Education Officer on the said complaint constituted a Three-Member Committee, which made a spot inspection of the Institution and has recorded the statement of the teachers and employees. The said report is on the record as Annexure-CA-1 to the counter affidavit. 3. A perusal of the said report reveals a shocking state of affair in Kasturba Gandhi Residential School. It appears that most of the teachers and staff are indulged in serious misconduct. On the basis of the said report the BSA has terminated the services of the petitioner. 4. A counter has been filed by the District Basic Education Officer. The stand taken in the counter affidavit is that the petitioner was appointed on the post of Accountant and his services were purely contractual in nature and was paid consolidated salary for his services. 5. It is stated that several complaints were received against the petitioner regarding his misconduct and indiscipline. A three-member committee was constituted to conduct an enquiry by way of an inspection. The Committee has submitted its report on 19.03.2015. 6. It is stated that the petitioner's statement was not found satisfactory and hence the impugned order dated 08.04.2015 has been passed. Before issuing the said order, the approval of the District Magistrate, Unnao was obtained and after his approval the impugned order dated 08.04.2015 has been passed. 7. It is also stated in the counter affidavit that similar controversy has been decided by this Court in a writ petition i.e. Service Single No. 945 of 2012 (Rekha Devi v. District Magistrate, Unnao and others). This Court by its judgment dated 17.02.2012 has dismissed the writ petition treating the services of warden working at Kasturba Gandhi Balika Vidyalaya to be contractual.
This Court by its judgment dated 17.02.2012 has dismissed the writ petition treating the services of warden working at Kasturba Gandhi Balika Vidyalaya to be contractual. In the said order, there is reference of some other judgments of this Court in similar line. 8. It is also stated that the petitioner was found guilty of not making entry in the visitor register and used to argue on the said issue with the staff members and the charge levelled against the petitioner was found to be correct. It is also stated that the petitioner was also given opportunity to defend himself and the enquiry committee has recorded his statement at the time of the said enquiry. 9. Learned counsel for the petitioner Sri S.P. Shukla has submitted that in the complaint which is on the record as annexure-3 to the writ petition, there was no allegation against the petitioner. The enquiry which was conducted was in respect of the complaint and since there was no mention about the petitioner in the complaint hence the services of the petitioner have been illegally terminated. He has also submitted that due to malafide reason the BSA, to save his own persons, has passed the order terminating the services of the petitioner. No other submission has been made. 10. Learned counsel for the District Basic Education Officer Ms. Jyoti Sikka has submitted that the appointment of the petitioner is on contract basis and he was given opportunity by the Enquiry Committee before which he has admitted his guilt. 11. Learned Standing Counsel has taken the Court to the enquiry report and the various paragraphs of the counter affidavit. 12. I have considered the submissions advanced by learned counsel for the parties and perused the record. 13. The petitioner was engaged on contract basis. A complaint was received by the BSA, wherein serious allegations have been levelled by a teacher of the Institution against the warden and one employee. The BSA has stated in the counter affidavit that complaints were received against the petitioner also hence a three-member committee was sent to enquiry into the matter. The report of the said fact finding enquiry is on the record. A perusal of the said report reveals shocking state of affairs, which are going on in the Institution. 14.
The BSA has stated in the counter affidavit that complaints were received against the petitioner also hence a three-member committee was sent to enquiry into the matter. The report of the said fact finding enquiry is on the record. A perusal of the said report reveals shocking state of affairs, which are going on in the Institution. 14. Kasturba Gandhi Residential Institutions have been established in the entire State pursuant to a scheme of the Central Government to promote the literacy and education amongst the girl children. It is the duty of the teachers and the staff who deal with the girl children of tender age to conduct and prove themselves as an ideal teacher/ incumbent. In an institution where the teacher and the staff are involved in such shameless activities, the effect on the girls of tender age will be devastating. 15. In addition to above, the services of the petitioner are on contract basis. No interference can be made under Article 226 of the Constitution in contractual appointment. The Supreme Court way back in 1976 in the case of AIR 1976 SC 888 (Executive Committee of Vaish Degree College, Shamli and others v. Lakshmi Narain and others), has held that in matter of contractual appointment, no interference can be made under Article 226 of the Constitution. Reference may also be made to the judgment of the Supreme Court in the case of Director, Institute of Management Development, U.P. v. Smt. Pushpa Srivastava, AIR 1992 SC 2070 . 16. In the report it is recorded that before the enquiry committee the petitioner has admitted his guilt. There is no averment in the writ petition that such recital is incorrect and the petitioner has never made any statement thus on facts also no interference is called for under Article 226 of the Constitution. 17. In view of the above, the writ petition fails and is dismissed. 18. The District Magistrate, Unnao is directed to conduct a fresh enquiry in the affairs of Kasturba Gandhi Residential Institutions and take appropriate action against all those teachers and staff whose behaviour and conduct are found inappropriate. The District Magistrate shall also ensure that all the Kasturba Gandhi Residential Institutions running in District Unnao be inspected by a senior official of the district from time to time to verify the functioning of the institutions.
The District Magistrate shall also ensure that all the Kasturba Gandhi Residential Institutions running in District Unnao be inspected by a senior official of the district from time to time to verify the functioning of the institutions. After holding enquiry in this particular case, the District Magistrate shall intimate the decision taken by him, to the Senior Registrar of this Court. 19. The Senior Registrar shall place the report/ decision of the District Magistrate on the record of this case. 20. No order as to costs.