MAHESH BAHADUR SAXENA Vs. STATE OF U P

JUDGEMENT

(1.) The plaintiff was posted as a clerk in the office of the Regional Inspectress of Girls School at Bareilly in 1962. On 11.7.1966, the plaintiff placed a written note on the leave application of his brother by concealing material facts, which benefited his brother. In the month of August, 1966, the plaintiff applied to the Regional Inspectress of Girls Schools, Bareilly, for his transfer to the Government Girls Junior Training College at Chandpur in order to secure a higher educational degree. The Regional Inspectress of Girls Schools, Bareilly granted permission to the plaintiff to attend B. A. classes and also transferred him to Chandpur by order dated 2.9.1966. On 5.9.1966, the Regional Inspectress of Girls Schools, Bareilly came to know about the leave episode and gave a notice to the plaintiff that he had ignored the departmental orders and that the plaintiff deliberately did not place the departmental orders in order to give undue benefit to his brother. The Regional Inspectress of Girls Schools, Bareilly by the said order cancelled the order by which the plaintiff was allowed to join B. A. classes, Notwithstanding the passing of the aforesaid order, the plaintiff relieved himself on 6.9.1966 and joined at Chandpur. The plaintiff thereafter, applied for permission to attend B. A. classes, which was granted by the Principal of the Institution.

(2.) On 17.12.1966, the plaintiff was placed under suspension and a charge-sheet dated 26.12.1966 was served upon the plaintiff. Two charges were levelled, namely, that a wrong note was placed by the plaintiff on the leave application, concealing material facts thereby committing breach of rules and also cheated his superiors. Secondly, by joining the classes, the plaintiff defied departmental orders and committed an act of deliberate negligence of duty and insubordination.

(3.) The plaintiff denied the charges and pleaded his bona fides in the matter of the note placed by him on the leave application. The plaintiff further submitted that the Regional Inspectress of Girls Schools, Bareilly, had never granted permission to join B. A. classes and therefore, the question of withdrawal of that permission was meaningless. Further, permission to attend B. A. classes could only be given by the Principal and not by the Regional Inspectress of Girls Schools.