RAJVEER SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal is preferred against the order passed by the learned Single Judge in Writ Petition (SS) No. 3357 of 2017 dtd. 2/4/2019. Writ Petition (SS) No. 3357 of 2017 was filed seeking the following reliefs

(2.) Before taking note of the contents of the order under appeal, it is useful to note the relevant facts. The appellant-writ petitioner, the Vice Principal of Adarsh Bal Niketan, Senior Secondary School, IIT, Roorkee, was suspended by proceedings dtd. 5/8/2017, and the order of suspension was extended by proceedings dtd. 16/8/2017. A charge-memo was issued to the appellant-writ petitioner on 4/9/2017 and 19/9/2017. An inquiry officer was appointed, and he submitted a report pursuant to which proceedings dtd. 10/11/2017 were issued by the Manager of the Institution informing the appellant- writ petitioner that the inquiry officer had submitted his report in which all the charges were sustained, and the inquiry report was accepted by the School Management Committee on 9/11/2017. The said memo further records that the disciplinary authority, after considering the inquiry report and the gravity of the transgression, had proposed to impose major penalty on the appellant-writ petitioner; and a copy of the inquiry report was being forwarded to the appellant-writ petitioner for his representationreply, if any, in terms of bye-law 47 of the CBSE Bye-laws. The petitioner was directed to submit his reply by 17/11/2017 failing which it would be considered that he had nothing to say and appropriate action, as deemed fit, would be taken. Questioning the charge-sheet issued to him and the other proceedings, including the memo dtd. 10/11/2017, the appellant-writ petitioner invoked the jurisdiction of this Court.

(3.) In the order under appeal, the learned Single Judge observed that, by means of the writ petition, the appellant-writ petitioner had challenged the charge-sheet issued to him by the Committee of Management on 4/9/2017; it transpired that the employer i.e. the Committee of Management had decided to hold departmental inquiry against the appellant-writ petitioner in respect of certain allegations against him; it is settled position of law that a charge-sheet cannot be challenged before a judicial forum unless the same has been issued by an authority who is not competent to issue the same; it was not the case here; in the present case, a charge-sheet was issued by the Manager of the Adarsh Bal Niketan, Senior Secondary School, which was competent for the purpose; and, therefore, he was not inclined to entertain the writ petition. While dismissing the writ petition, liberty was granted to the appellant-writ petitioner to challenge the punishment order after conclusion of the departmental inquiry. Aggrieved thereby, the present appeal.