DHARAMVEER Vs. STATE & ORS.

JUDGEMENT

(1.) By this writ petition, a challenge is given by the petitioner to the order dated 15.3.2001 passed by the Deputy Director, Secondary Education, Government of Rajasthan, Bikaner Zone, Churu and also the order dated 7.3.2003 passed by the Director, Secondary Education, Bikaner. The facts calling challenge to the orders impugned are as follows:

(2.) The petitioner is working as senior Teacher, Science in the Department of Education, Government of Rajasthan, A memorandum under Rule 17 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 was issued by Deputy Director, Secondary Education, Chum whereby the petitioner was directed to explain as to why the minor penalty be not imposed upon him as in the educational session of 1998-1999, the result in the subject of Science at the school where the petitioner was working remained to the extent of 25% i.e., below the prescribed standard. In response, the petitioner submitted an explanation on 31.1.2001 stating therein that the result was effected adversely in the educational session of 1998-1999 due to involvement of staff with literacy programme and for certain other reasons. The petitioner also stated that in educational session of 1998-1999, the principal of school permitted 18 students to appear in the concerned examination though they were lacking the requisite attendance, The petitioner along with explanation, also annexed a certificate issued by the Principal of the school showing therein that in the educational session 1998-1999, the result of the entire school was below the standard laid down by the education department.

(3.) The Disciplinary Authority i.e., Deputy Director, Secondary Education, Churu by the order dated 15.3 2001 inflicted upon the petitioner a penalty of stopping of one grade increment without cumulative effect. The being aggrieved by the order passed by the Disciplinary Authority dated 15.3.2001, preferred an appeal under Rule 23 of the Rules of 1958 before the Director, Secondary Education, Bikaner. The Director, Secondary Education, Bikaner by an order dated 7.3.2003 rejected the appeal preferred by the petitioner being barred by limitation. Hence, this writ petition is preferred by the petitioner.