A single judge bench of the Justice Manoj Kumar Tiwari of Uttarakhand HC has allowed the writ petition by relying on the decision of Division Bench of this Court which has taken a view that suspension, based on lack of qualification, after inordinate delay, is unjustified.
Facts:
The facts of the case is that the petitioner was appointed as Assistant Teacher in a Government Primary School in the year 2009. She has been put under suspension vide order dated 28.09.2022 passed by District Education Officer, Elementary, Udham Singh Nagar. The sole reason for suspending petitioner given in the impugned order is that she has passed Prathama, Madhyama & Uttama from Hindi Sahitya Sammelan, Allahabad, which is not recognised qualification.
Learned counsel for petitioner contends that petitioner did not suppress any information while seeking appointment. He further submitted that petitioner passed M.A. from Kumaon University; she obtained B.Ed. qualification from Maharshi Dayanand University, Rohtak and she also possesses B.T.C. qualification, which is sufficient for appointment as Assistant Teacher. Learned counsel for petitioner has placed reliance upon a Division Bench judgment of this Court rendered in Special Appeal No. 161 of 2007, reported in 2010 (1) U.D., 273.
Observations of the Court:
This Court finds substance in the submission made on behalf of the petitioner. Division Bench of this Court in the aforesaid judgment has taken a view that suspension, based on lack of qualification, after inordinate delay, is unjustified. On this short point alone, impugned suspension order dated 28.09.2022 is liable to be set-aside and is hereby set-aside.
Decision:
The writ petition was allowed by this court and liberty were granted to Respondents to hold departmental enquiry against petitioner in respect of the charge of lack of basic qualification.
Case: Ginder pal vs Director of primary education and others
Citation: WPSS No. 2056 of 2022
Coram: Justice Manoj Kumar Tiwari
Dated: 10.11.2022
Read Judgment ;
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