Mrs. Meena Paliwal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 2728 of 2021 Mrs. Meena Paliwal W/o R.S. Paliwal Aged About 53 Years R/o B - 55, Sai Gunjan, Cross Street - 8, Anand Nagar (Near Smriti Nagar), Bhilai, District Durg Chhattisgarh.

---- Petitioner

Versus

1.

State Of Chhattisgarh Through District Education Officer, District Durg Chhattisgarh.

2.

Chairman LMC, Deputy General Manager, In Charge (Flux) Bhilai Steel Plant, Nandini Mines, District Durg Chhattisgarh. 3.

General Secretary D.A.V. College Managing Committee Chitra Gupta Road, New Delhi 110055.

4.

Director D.A.V. College Managing Committee, Chitra Gupta Road, New Delhi 110055.

5.

Disciplinary Authority (Shri Nanak Chand) Honorary Treasurer, D.A.V. College Managing Committee Chitra Gupta Road, New Delhi 110055.

6.

Deputy Regional Officer (Shri Prashant Kumar) D.A.V. Institutions Chhattisgarh Zone A, D.A.V. Public School Campus, Amdinagar, Hudco Bhilai, District Durg Chhattisgarh.

7.

Inquiry Officer (Io) (Shri S.K. Sinha) Assistant Regional Officer, D.A.V. Public School, Mp Zone, Camp Jpv Dav Public School, Near Fci Godown, Pureni P.O. Chaka, Katni (M.P.) 483501. 8.

Presenting Officer (Shri Bhola Prasad Sahu) Principal, Dav Ispat Public School, Nandani Mines, Durg Chhattisgarh. 9.

Secretary CBSE, C/o Regional Office Cbse, Plot No. 4 Vidya Marg, Sailashree Vihar Chandrashekharpur, Bhubaneshwar, Odisha - 751021 ----Respondents

For Petitioner :

Ms. Naushina Afrin Ali, Advocate For State :

Ms. Akanksha Jain, Dy. G.A.

For Respondents No.3 to 8 :

Mr. Amrito Das, Advocate Hon'ble Shri Justice P. Sam Koshy Order on Board 30/06/2021 1.

The present writ petition has been filed assailing the order dated 31.12.2020 whereby the petitioner stood removed and the disciplinary proceedings have been initiated against him by an order passed by the respondent No.3 from the post of Physical TGT (PET), DAV Ispat Public School, Nandni Mines Area, Nandni Township, District Durg.

2.

During the course of the hearing, it has been reflected that the order under challenge is an appealable order and the appeal would lie to the Disciplinary Committee under Clause 49 of the Affiliation Bylaws governing the service conditions of the petitioner. It has also been reflected that the petitioner has already preferred an appeal to the Disciplinary Committee as early as on 04.01.2021. 3.

In view of the fact that the matter is already seized before the Disciplinary Committee in the appeal that has been preferred by the petitioner, at this juncture in the opinion of this Court it would not be appropriate for this Court to deal into the issues and contentions made in the present writ petition. It would be more appropriate to be dealt with by the Appellate Committee under the bylaws. 4.

Under the circumstances, the writ petition at this juncture stands disposed of directing the Disciplinary Committee to take an

expeditious decision on the appeal of the petitioner taking into consideration all the contentions that the petitioner has raised in the appeal and also taking note of any subsequent development that has transpired in this regard. Let an appropriate decision be taken preferably within a period of 60 days from the date of receipt of the copy of this order.

5.

With the aforesaid observations, the present writ petition stands disposed of.

Sd/- (P. Sam Koshy) Judge Ved