MAYA RANI GUPTA Vs. STATE OF U P

JUDGEMENT

(1.) With the consent of learned Counsel for the parties, this writ petition is being decided finally at this stage under the Rules of the Court. The petitioner is aggrieved by the order dated 5.12.2009, Annexure-12 to the writ petition, passed by the District Basic Education Officer, Allahabad (hereinafter referred to as "B.S.A.") imposing major penalty of punishment reverting him from the post of Headmistress to Assistant Teacher and posting her at Purva Madhyamik Vidyalaya Puraini, Vikas Khand Karchana, District Allahabad.

(2.) Before coming to the issues raised in the writ petition, it would be appropriate to mention, in brief, the facts giving rise to the present dispute.

(3.) The petitioner was working as Headmistress in Junior High School Kechuha, Block Karchana, District Allahabad. She was placed under suspension on 17th January, 2009 by respondent No. 2 on certain allegations constituting misconduct. One Sri Ramesh Chandra Mishra, Deputy Basic Education Officer, Allahabad was appointed as Enquiry Officer. A charge-sheet (Annexure-2 to the writ petition) was issued to the petitioner on 9th February, 2009 by the Enquiry Officer containing seven charges directing the petitioner to submit her reply within a week. The petitioner submitted a detailed reply dated 12.2.2009 denying all the charges and requesting for her exoneration and reinstatement, a copy whereof has been placed on record as Annexure-3 to the writ petition. It appears that thereafter nothing proceeded in the disciplinary enquiry.