MAHESH SINGH YADAV Vs. STATE OF MP

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the orders dated 20/09/2010 and 11/05/2010 passed by the Commissioner, Gwalior Division, Gwalior and the Collector, District Gwalior respectively, by which the penalty of stoppage of two annual increments without cumulative effect has been imposed.

(2.) The necessary facts for the disposal of the present petition in short, lies in a narrow compass. A show cause notice dated 06/02/2010 was issued to the petitioner who was working as Assistant Teacher in Government Primary School, Sanson, Bhitarwar, District Gwalior on the allegation that the SDO, Bhitarwar by its report dated 14/01/2010 had reported that on 02/12/2009 in between 11:15 to 11:30 am, an inspection of the School was done and it was found that no teacher was present in the School including the petitioner and it was found that the students were dusting and moping and thus, a show cause notice was issued to the petitioner as to why his two annual increments without cumulative effect be not stopped.

(3.) The petitioner filed his reply and submitted that on 02/12/2009, an instruction was given by In-charge, Jan Siksha Centre, the Government Excellence Higher Secondary School, Bhitarwar, Gwalior that a training for the second phase of Panchayat election, is to be held on 03/12/2009 and, therefore, the petitioner should immediately come to Jan Siksha Centre and should note his duty. It was replied to the In-charge by the petitioner that he would note his duty after the school hours but he was instructed by the In-charge, Centre that since he has to send the acknowledgment to the District Election Officer, therefore, the petitioner should immediately come to his Office otherwise action can be taken against him for negligence in the election process. Thus, it was mentioned in the reply that in compliance of telephonic instruction given by In-charge, Jan Siksha Centre, he went to Jan Siksha Centre to note his duty and, therefore, he could not reach the school in time.