KAMNI VERMA Vs. STATE OF UTTARAKHAND AND ORS

JUDGEMENT

(1.) Petitioner was appointed as Assistant Teacher on 18.09.1984 and was posted at Government Girls Inter College, Kotdwar, District Pauri Garhwal. She was promoted as Lecturer and thereafter as Principal. Since 12.08.2012. she is posted at Government Girls Inter College, Kashipur. The petitioner has approached this Court for quashing the order dated 07.09.2015 passed by District Magistrate, Udham Singh Nagar whereby the petitioner has been attached in the office of Chief Education Officer. Udham Singh Nagar. She also prayed for direction to the respondents to transfer respondent Nos. 7, 8 & 9 to any other college of the District. It is the case of the petitioner that the respondent Nos. 7 and 8, who are working as teacher in the Government Girls Inter College, Kashipur, are creating indiscipline in the College. The petitioner, being the Principal of the College, gave them warning many times. She also made complaints to the Higher Authorities regarding their work and conduct and also requested for taking appropriate action against them. But no action was taken. The petitioner also gave show cause notice to respondent No. 7 on 02.03.2015 asking why the adverse entry should not be made in her annual confidential report. The petitioner again wrote a letter to the Higher Authorities regarding the conduct of respondent Nos. 7 & 8. It is submitted by the petitioner that staff of the College has also made complaints against them. It is submitted that there was some agitation at the behest of these persons. It is also submitted that respondent No. 5 has passed impugned order by violating the principal of natural justice.

(2.) Initially, when the petition was heard, the court passed an interim order in favour of the petitioner on the ground that order passed by the District Magistrate is without jurisdiction. The respondents were asked to file counter affidavits.

(3.) Respondent Nos. 2, 3 and 5 filed joint counter affidavit. Respondent Nos. 4 and 6 filed separate counter affidavits. Though no notice was issued to respondent Nos. 7 and 8 but they appeared through advocate and filed counter affidavit. In his counter affidavit it is a case of respondent No. 6 that the behavior of the petitioner with the teachers, students, guardians and other staff has never been cordial. From time to time, complaints were made against the petitioner for overcharging fee, on account of which the academic atmosphere in the college got spoiled and the students are suffering in terms of their studies. Complaint letters have also been annexed with the counter affidavit. It is further submitted by respondent No. 6 that after assuming charge in the institution by the petitioner, the entire atmosphere of the institution is vitiated due to her abnormal behavior towards students, teaching faculty and the guardians. There was a report of harassment at the hands of petitioner of one Km. Vandana Sharma, Assistant Teacher. Km. Vandana Sharma applied for three days casual leave but she was ordered not to be paid salary for three days. In the same way, one Smt. Abha Srivastava, the Lecturer in the institution, was also not paid salary for the period she remained under medical leave. Even she was not granted Child Care Leave and the petitioner kept on leveling baseless allegation against the staff members. It is submitted that an inquiry was also conducted by the Block Education Officer, being the controlling authority of the said institution. He submitted his report on 25.04.2015 and recommended for transfer of petitioner on administrative ground. Block Education Officer through his letter dated 02.03.2015 also sent words of caution to the petitioner to mend her ways but of no effect. The petitioner even refused to obey the decision of the appellate authority under Right to Education Act. It is further submitted that the petitioner overcharged fees from the students for which complaints were made by the students to the Chief Education Officer, Sub Divisional Magistrate, Kashipur and Block Education Officer. It is submitted that not only teaching staff but the class IV employees are also subjected to harassment by the petitioner and even the admissible dues have not been paid to them on their retirement. Lastly, it is submitted that on the basis of the report sent by the Controlling Authority i.e. Block Education Officer and the complaints made by the teaching faculty and guardians of the students, the petitioner has been dislodged from the said institution and attached to the Office of Chief Education Officer in expectation of her transfer from the institution in question, so that the academic and related atmosphere in the institution could be saved. Similar counter affidavits have been filed on behalf of Director of Education, Additional Director, Kumaon Region, Nainital and Chief Education Officer, Udham Singh Nagar. The complaints were got inquired through Sub Divisional Magistrate, Kashipur and District Education Officer (secondary) Udham Singh Nagar. In their report they recommended for transfer of the petitioner to some another place, so that the academic atmosphere in the institution may not be spoiled and the interest of the students may be safeguarded. In the report, they also recommended for transfer of respondent Nos. 7 & 8. They further submitted that acting on said recommendation, the District Magistrate, Udham Singh Nagar, passed the impugned order on 07.09.2015.