CHAYA VERMA Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Ashok Khare, learned Senior Advocate assisted by Sri Siddharth Khare for the petitioner and learned Standing Counsel for the respondents.

(2.) The petitioner was working as Headmistress of a Primary School, Mehandipur, Block & District Kannauj. By means of the order dated 21 st March, 2009 the District Basic Education Officer, Kannauj imposed punishment of reduction in rank by reducing her rank from the post of Headmistress to Assistant Teacher on the certain allegations constitute misconduct.

(3.) The learned Senior Counsel for the petitioner contended that a major penalty has been imposed without holding any enquiry. Initially the impugned order was kept in abeyance and thereafter by means of the impugned order dated 13th May, 2009 the same has been given finality by the District Basic Education Officer holding that the charges are proved as the petitioner is not able to place any defence. It is contended that the procedure adopted by the respondents is wholly illegal and arbitrary, inasmuch as, the penal order of reduction in rank could not have been passed without holding regular departmental enquiry against the petitioner and giving adequate opportunity of hearing. It is further submitted that it is incumbent upon the respondents to hold departmental enquiry where they were supposed to prove charges and thereafter only the petitioner was required to place defence. No such procedure was adopted, therefore, the impugned order is wholly illegal.