SHYAM BABU SAVITA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Y.K. Saxena for the petitioner and the learned Standing Counsel for the contesting respondents.

(2.) The challenge in the present writ petition is to an order dated 23.07.2009 in terms of which a decision taken by the respondent on 18th May, 2008 to dismiss the petitioner has been reiterated. The impugned order itself came to be passed pursuant to an order of this Court made on 9.7.2008 allowing Writ Petition No. 32241 of 2008 (Shyam Babu Savita Vs. State of U.P. And Another). By the aforesaid order of this Court, the earlier writ petition filed by the petitioner had been allowed and the impugned order of dismissal dated 18th May,2008 quashed. This Court while remanding the matter back to the Basic Shiksha Adhikari permitted him to decide the matter afresh after giving proper and reasonable opportunity to the petitioner.

(3.) Brief facts relevant for decision of this writ petition are as follows. On 18th May, 2008, the petitioner who was initially appointed as an Assistant Teacher and was promoted as Headmaster in the year 1995, was dismissed from service. As is recorded in the said order, the order of dismissal came to be passed on account of the allegation that the petitioner was found in an inebriated state in the precincts of the School and the respondent formed the opinion that the conduct of the petitioner had clearly brought disrepute to the Department and the Institution concerned. By the time, this order had came to be passed, the petitioner had already completed 39 years of service and was working as the Headmaster of the Institution in question. It is further evident from a reading of the order dated 18th May, 2008 that consequent to the alleged misdemeanor committed by the petitioner coming to light, he was suspended on 7th May, 2008 and consequent to a report dated 18th May, 2008 being submitted by a three-member Committee his services were dispensed with by an order of even date.