The Allahabad High Court has said that the District Basic Education Officer of the state is passing cyclostyle manner orders without application of mind. Time and again such kinds of orders are coming before the Court. Expressing displeasure over this, the court has sought a personal affidavit from the Principal Secretary of Basic Education, UP Lucknow.
A Single Bench of Justice Prakash Padia passed this order while hearing a petition filed by Jagriti Pathak.
The petitioner was suspended by the District Basic Education Officer, Jhansi/respondent No 3 by its order dated 16.08.2024 and after completing the Inquiry, the suspension order was revoked with backwages by the order dated 21.12.2024.
The aforesaid punishment was awarded under the provisions of UP Basic Educational Staff Rules, 1973 read with UP Government Servant (Discipline and Appeal) Rules, 1999. Apart from the same, the petitioner was also transferred from Composite School, Pacchargarh Chirgaon-2 (R) to Composite School, Baghaira, Vikas Khand/City Area Chirgaon-2 (R).
It is argued by the counsel for the petitioner that on one hand, the order of suspension has been revoked and the petitioner was reinstated with full back wages and on the other hand, major penalty has been imposed upon the petitioner as well as the petitioner was transferred from one place to another place.
It is further argued that the aforesaid punishments were awarded by the respondent No 3 without assigning any reason and without providing any notice or opportunity of hearing to the petitioner and in complete violation of principles of natural justice.
The Court observed that,
Rule 3 of Rules 1999 deals with the definition of “Major Penalty” and Rule 7 of Rules, 1999 provided the complete procedure before imposing the major penalty. Stopping the increment with cumulative effect falls under the definition of Major Penalty as per Rule 3 of Rules, 1999.
From perusal of the record, it is clear that the major penalty has been imposed upon the petitioner without following the procedure prescribed under Rule 3 of Rules, 1999. Apart from the same, the petitioner was also transferred from one place to another place and the aforesaid order has been passed without assigning any reason.
Time and again such kind of orders are coming before the Court where initially the order of suspension has been passed and after some time, the same was revoked with full back wages by imposing major/minor penalty and also transferring the teacher from one Institution to another Institution and the such kind of orders has been passed in cyclostyle manner as well as without application of mind.
In this view of the matter, the Court directed the Principal Secretary, (Basic Education) Lucknow to file his personal affidavit explaining the reason that under what circumstances such kind of orders, has been passed by District Basic Education Officers in the entire State of UP on or before 25.02.2028.
“Until further orders of the Court, effect and operation of order dated 21.12.2024 shall remain stayed.
A mandamus is issued to the respondent No 3 to permit the petitioner to work in the Institution before passing the order impugned,” the order reads.
The Court has fixed the next hearing of the petition on 05.03.2025.