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2016 DIGILAW 831 (UTT)

Veena Pathak v. State of Uttarakhand

2016-11-16

SUDHANSHU DHULIA

body2016
JUDGMENT : The petitioner is an Assistant Teacher L.T. Grade (Hindi) and presently working as an In-charge Principal of Government Girls Higher Secondary School Dungra, Tehsil Bhanauli, District Almora. While the petitioner was working as an In-charge Principal, respondent no. 6, who is an Assistant Teacher L.T. Grade (Home Science), made a request for maternity leave, which according to respondent no. 6 was refused by the petitioner. Thereafter, respondent no. 6 was constrained to move other authorities such as District Administration and Block Development Officer and subsequently on a complaint made by respondent no. 6, it appears that the District Magistrate, Almora directed the Chief Education Officer, Almora to take action against the petitioner. 2. From the documents which have been filed before this Court, it appears that there is a letter of an official from the office of the District Magistrate, Almora directing the Chief Education Officer, Almora that the salary of respondent no. 6 for the month of February, March and August, 2015 be disbursed and an action be taken against the petitioner for disobeying the order of senior officers and the petitioner be transferred from the present school. 3. It appears in pursuance of this order; an order has been passed by the Chief Education Officer, Almora on 17.08.2016 attaching the petitioner to Government Girls Inter College, Danya, Almora. Thereafter, another order has been passed by the Chief Education Officer, Almora on the same day i.e. 17.08.2016 directing that an adverse entry be recorded in the service record of the petitioner. Presently, these orders have been challenged by the petitioner before this Court. 4. This Court vide order dated 31.08.2016 had passed the following interim order:- “The petitioner is a senior teacher and presently In-charge Principal of Government Girls Higher Secondary School Dungra, District Almora. By order dated 17.08.2016, the petitioner has been attached to Govt. Girls Inter College, Danya, Almora contemplating an inquiry. It has not been elaborated as to what kind of inquiry is being done. Consequently, vide order dated 17.08.2016 it has been directed that a special adverse entry be made in the service record of the petitioner. As far as order dated 17.08.2016 by which a special adverse entry in the service record of the petitioner is directed, the contention of the petitioner is that such an order has been passed on the complaint made by one Abhilasha Bhandari who is respondent no. As far as order dated 17.08.2016 by which a special adverse entry in the service record of the petitioner is directed, the contention of the petitioner is that such an order has been passed on the complaint made by one Abhilasha Bhandari who is respondent no. 6 in the present writ petition to the District Magistrate, Almora and subsequently on direction of the District Magistrate, Almora, this order has been passed by the Chief Education Officer. The contention of the petitioner would be that District Magistrate, Almora has absolutely no jurisdiction to interfere in these matters without there being any material on record which suggest that the petitioner has committed any irregularity or illegality. Issue notice to respondent no. 6. Steps to be taken within a week. Three weeks’ time is granted to the respondents to file counter affidavit. List this matter after four weeks on 30.09.2016 in the daily cause list. Meanwhile, the operation and effect of the order dated 17.08.2016 regarding special adverse entry in the service record of the petitioner shall remain stayed.” 5. Primarily, the impugned order has been passed on direction of the District Magistrate, Almora and the petitioner has been able to show to the satisfaction of this Court that the District Magistrate, Almora has absolutely no jurisdiction to interfere in the matter. 6. Learned Senior Counsel for respondent no. 6 Mr. Avtar Singh Rawat and learned Standing Counsel for the State Mr. N.P. Sah have not been able to show any provision of law by which the District Magistrate has got powers to interfere in such matters. Therefore, the orders dated 17.08.2016 are totally without jurisdiction. Moreover, the order has not been passed by the District Magistrate but by a subordinate official working in his department. 7. In view thereof, the writ petition succeeds. The orders dated 17.08.2016 are hereby quashed and set aside. Let the Chief Education Officer, Almora pass all the consequential orders regarding the disbursement of salary of the petitioner as well as respondent no. 6, as expeditiously as possible, but preferably within a period of one month from the date of production of a certified copy of this order.