AHMADI USMAN Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is aggrieved by the order dated 27th September, 2001 of the State Government by which she has been punished with 50% deduction of her pension, after her retirement as Asstt. Director (Basic), Allahabad on 31.8.2000, for which she was served with charges, vide chargesheet dated 5.6.1998 by the State Government with the approval of Governor of Uttar Pradesh, and with approval to the punishment by the U.P. Public Services Commission dated 12.7.2001.

(2.) WE have heard Shri Avanish Mishra, learned counsel for the petitioner. Learned Standing Counsel appears for the State respondents.

(3.) THE petitioner submitted a detailed reply to the charges on 15.9.1998. In respect of charge no.1 she submitted that she had already given an explanation to Director (Madhyamik) U.P. on 23.4.1998, a copy of which was enclosed with the reply. In reply to charge no.2 the petitioner stated that she passed the order dated 1.11.1997 for releasing salary of Shri Ganesh Dutt Upadhyay, Asstt. Teacher, VRK Inter College, Validpur on the interim order dated 15.4.1997 passed by the High Court. In respect of Ram Narain Prasad, Asstt. Teacher, Janta Siksha Niketan Inter College, Dubari, Mau, she submitted that he was appointed against substantive vacancy. She had requested the Accounts Officer to submit report on 1.6.1996, on which she was advised by him on 8.7.1996 that financial approval can be given to his salary in view of the orders of the High Court, and consequently she passed an order on 28.10.1997, and was thereafter relieved on transfer on 1.11.1997. In respect of Shri Naseem Khan, Peon in Taleemuddin Inter College, Mau, she submitted that he was appointed on the death of late Imran Khan by decision of District Level Selection Committee on 19.8.1997 in which the approval of the Accounts Officer was also included. THE charge of illegally approving appointment of Shri Naseem Khan was not found proved.