KRISHNA KANTI GUPTA Vs. STATE OF U. P

JUDGEMENT

(1.) Heard Sri Shesh Kumar Srivastava, learned counsel for petitioner and Sri Lal Mani, learned Standing Counsel for State.

(2.) The petitioner, an Assistant Teacher, was served with a charge-sheet that from 1/7/2004 to 18/5/2009 i.e. in a period of 5 years, she remained ab-sent for 1220 days without any information or application for leave. An inquiry was conducted and since petitioner was not able to produce any document which could explain his absence, a major penalty of dismissal was passed by an order dtd. 2/6/2010 by District Basic Education Officer, Jalaun, impugned in present case.

(3.) Learned counsel for petitioner has vehemently submitted that procedure prescribed to award major punishment in terms of Rule 7(3) of Uttar Pradesh Government Servant (Discipline and Appeal) Rule, 1999, was not fol-lowed. Learned counsel further submitted that no inquiry report was submitted to petitioner. No oral evidence was recorded and petitioner was not given any opportunity for cross-examination of any witness. Learned counsel referred a re-cent judgment passed by Supreme Court in case of Satyendra Singh v. State of Uttar Pradesh and another 2024 SCC OnLine SC 3325 and its relevant paragraph Nos. 17 and 18 are re-produced hereinafter :-