Commissioner Can’t Initiate Inquiry Against School and Teachers: ALL HC

Petitioners were appointed as Assistant Teachers/Head Masters in the Junior High School in differentInstitutions. The Institutions were duly recognized under the U.P. Basic Eduction Act, 1972. 

Brief Facts of C/M Sri Durga Ji Purva Madhyamik Balika Jamin And Another vs State Of U P And 4 Others-

It was stated that the appointment of the Assistant Teacher/Head Master was made under the U.P. Basic Education Act. The service conditions are governed by the U.P. Recognized Basic Schools (Junior High Schools) (Recruitment and Condition of Service of Teachers) Rules, 1978.

Petitioners alleged that the Commissioner of Azamgarh, who was due to retire on 30th June 2020 passed an order dated 6th December 2019 and thereby constituted a four-member Enquiry Committee to conduct enquiry over the approvals granted to the appointment of Teachers and Head Masters by the then Zila Basic Shiksha Adhikari in the District of Azamgarh during his tenure.

It was submitted that the four-member Committee never gave any information to the petitioners nor was any notice served. The Committee submitted a report dated 29.1.2020 against the colleges and teachers.

Relying upon the said report show-cause notices were issued and the salary of teachers was stopped. Petitioners filed a Writ Petition before the Allahabad High Court. 

Submissions of Parties

Petitioners pleaded that Commissioner has no jurisdiction to initiate the enquiry. The Enquiry Committee did not have the jurisdiction in the scheme of the Act to initiate

The Counsel for the State pleaded that the petitioners have approached the Court immaturely and thus the writ petitions are liable to be dismissed.

Decision of Allahabad High Court

Justice Pankaj Bhatia of Allahabad High Court held that in view of the scheme of the basic Education Act Commissioner has no power with respect to any school or teacher.

Court observed that the creation of statutory bodies by various Acts and the Rules for discharging specific functions is aimed at the development of systems of checks and balances and aims at reducing the overlapping executive interferences and thus try to overcome the malady of overlapping executive functions.

Allahabad High Court found that the notices were issued without application of mind.

Therefore considering above, the Allahabad High Court allowed the Writ Petition and quashed the enquiry report, show cause notices and the order for lodging of FIR.

Case Details

Title- C/M Sri Durga Ji Purva Madhyamik Balika Jamin And Another vs State Of U P And 4 Others

Case No.- WRIT – A No. – 5540 of 2020

Coram- Justice Pankaj Bhatia

Date of Order-14.10.2020

Appearance- Shri R.K. Ojha (Senior Advocate) , Kunwar Bhaskar Parihar (For Petitioner) and C.S.C.,Bhanu Pratap Singh,Lalji Yadav )For Respondent

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