LAWS(UTN)-2023-8-54

NEELAM PANDEY Vs. DISTRICT EDUCATION OFFICER

Decided On August 19, 2023
Neelam Pandey Appellant
V/S
DISTRICT EDUCATION OFFICER Respondents

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged a charge-sheet dtd. 21/5/2020 (Annexure no.8) as well as the charge-sheet dtd. 24/2/2023 (Annexure no.11) together with the entire disciplinary proceedings pending against the petitioner. She has further challenged the suspension order dtd. 24/11/2022, passed by Authorized Controller-Savitri Shiksha Niketan, Junior High School, Harrawala, Doiwala, Dehradun, whereby the petitioner was placed under suspension.

(2.) It is contention of learned counsel for the petitioner that the petitioner was placed under suspension, in the month of November, 2022, and till date though charge-sheets have been issued against her, the inquiry has not been concluded. No one can be placed under suspension for long and indefinite period.

(3.) Learned counsel for the petitioner challenges the suspension order mainly, on the ground that in the suspension order, the respondent-Institution have already imputed charges against her, therefore, the suspension order is unsustainable for the reason, inasmuch as, respondent-Authority in pre-determined manner has decided the fate of the on-going inquiry. It is reflected from the charge-sheet issued by the respondents against the petitioner that the petitioner was holding a B.ed Degree from Bhartiya Shiksha Parishad, Uttar Pradesh in the year 1990-1991 and on the basis of said B.ed Degree, the petitioner was given appointment in the respondent-Institution as an Assistant Teacher.