Allahabad High Court stays order of Basic Education Officer directing to stop annual increment of Assistant Teacher

Allahabad_high_court

The Allahabad High Court has stayed the order of Basic Education Officer Auraiya to stop an annual increment of an assistant teacher working in the U.P. Basic Education Board.

A Single Bench of Justice Manjive Shukla passed this order while hearing a petition filed by Puneet Awasthi.

Counsel for the petitioner has submitted that major penalty has been imposed against the petitioner by District Basic Education Officer, Auraiya vide order dated 04.05.2023 which is impugned in the petition.

Counsel for the petitioner has invited attention of the Court that the major penalty against the Assistant Teacher working in the Primary School run by U.P. Basic Education Board can be imposed only after following procedure prescribed under Rule 7 of the U.P. Government Servant (Disciplinary and Appeal) Rules, 1999.

It has been further submitted that under Rule 7 of the Rules of 1999 there is procedure that the charge sheet will be issued, thereafter reply of the employee shall be taken and a full fledged inquiry shall be conducted which includes recording of evidence as well as opportunity to the employee to cross-examine the witnesses.

On the other hand, counsel appearing for the Respondents No 2 to 5 though tried to defend the order dated 04.05.2023 but has admitted that prior to passing of said order thereby imposing major penalty against the petitioner, neither any charge sheet was issued to the petitioner nor any inquiry as contemplated under Rule 7 of the Rules of 1999 has been conducted.

I have considered rival submissions advanced by counsel for the parties and I find that major penalties can be imposed only after due procedure prescribed under Rule 7 of the Rules of 1999 is followed, the Court observed.

Counsel appearing Respondents No 2 to 5 has very fairly admitted that neither any charge sheet was issued to the petitioner nor any inquiry as contemplated under Rule, 7 of the Rules of 1999 has been conducted against the petitioner, the Court noted.

In view of the aforesaid submission made by the counsel for the parties prima facie, the Court further observed that the impugned order dated 04.05.2023 has been passed without following procedure prescribed under Rule 7 of the Rules of 1999. Matter requires consideration.

The Court granted four weeks time to file counter affidavit for the respondents and two weeks time to file rejoinder affidavit. List thereafter.

“Till further orders of the Court operation and enforcement of order dated 04.05.2023 shall remain stayed”, the Court ordered.

The post Allahabad High Court stays order of Basic Education Officer directing to stop annual increment of Assistant Teacher appeared first on India Legal.



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