RAM SWARATHI SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner was appointed a peon on 1. 10 1980 in Pandit Jawahar Lal Purva Madhyamik Vidyalaya (Junior High School), jayatpur, district Gorakhpur. According to him, though he was confirmed in the post of peon, his annual increments were denied to him by the Committee of Management, respondent no. 3. He made several representations to the concerned authorities, but they were of no avail. In May 1983, the management served a charge-sheet to the petitioner. The charges were subsequently revised and Sri Panchami Singh was appointed as enquiry officer. The petitioner had submitted his explanation to the chargesheet and had objected to the appointment of Panchami Singh as the enquiry officer no action was taken on his objection. He was placed on suspension on 6. 4. 1984, but the said suspension order was revoked as, according to the petitioner, the allegations against the petitioner were found to be false. In support of this assertion the petitioner has filed a copy of the letter from the Manager to the Head Master as Annexure 5 to the writ petition. Thereafter, he reported for duty at the School but the Head-Master and the manager did not permit him to join his duties. Inspite of several representations made by him from time to time, he was not reinstated. In these circumstances the petitioner has approached this Court for a writ of mandamus to direct the respondents to reinstate him in service, treat him as continuing in service and give him his salary and other service benefits.

(2.) IN the counter affidavit filed by the respondent no. 3, it is stated that the services of the petitioner were terminated by the Head Master, who was the appropriate authority, by order dated 31. 10. 1984, and Annexures 1 to the counter affidavit is a copy of the said termination order. This order of termination was approved by the Zila Basic Shiksha Adhikari by his order dated 10. 12. 1984 and Annexure 2 to the counter affidavit is a copy of the said order. It is also stated that the petitioner who was under suspension since march 1984 has been duly paid his subsistence allowance.

(3.) THE Zila Basic Shiksha Adhikari, respondent no. 2, has stated in his counter affidavit that the petitioner had been suspended by the Head master on 6. 4. 1984 as a consequence of the report of the enquiry Officer, Sri panchami Singh, and the said suspension order was revoked after expiry of 60 days from the date of suspension. It is stated that Sri Panchami Singh had held the enquiry against the petitioner and had submitted his report to the concerned authority. As a consequence to the findings of the enquiry officer, the services of the petitioner were terminated and approved by the respondent no. 2 on 10. 12. 1984 and arrears of salary of the petitioner had been directed to be paid to him.