Himachal Pradesh High Court
Babita Thakur vs State Of H.P. & Ors on 20 August, 2019
Bench: Dharam Chand Chaudhary, Jyotsna Rewal Dua
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
LPA No. 414 of 2011.
Date of order: 20.08.2019.
Babita Thakur ......Appellant.
.
Versus
State of H.P. & ors. .......Respondents.
Coram
The Hon'ble Mr. Justice Dharam Chand Chaudhary, Judge.
The Hon'ble Ms. Justice Jyotsna Rewal Dua, Judge.
Whether approved for reporting?
For the appellant(s): Ms. Abhilasha Kaundal, Advocate.
For the respondents: Mr. Vikas Rathore, Mr. Narender Guleria, Addl. AGs
with Mr. J.S.Guleria and Mr. Manoj Bagga, Dy.AGs.
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Justice Dharam Chand Chaudhary, J (Oral).
Consequent upon the order passed on the previous date, both Directors i.e. Higher and Elementary Education are present in person to assist the Court. Both Directors have also filed their respective affidavits afresh, as directed.
2. It is worth mentioning that the appellant-writ petitioner, a teacher by profession, was found absent from duty along with 13 other teachers out of 20 teachers total at the time when inspection of the School was conducted and the explanation that due to unavoidable circumstances her Maid did not come to her house and as such there was no one to look after her two years old child was not accepted. The competent authority while arriving at a conclusion that her absence from ::: Downloaded on - 29/09/2019 02:23:58 :::HCHP 2 duty was unauthorized, the period of her absence i.e. 18.11.2004 was ordered to be treated as dias non. The learned Single Judge has dismissed the writ petition. The appeal also stands .
dismissed with the following observations vide judgment dated 20.12.2018:
"5. We are in full agreement with the view of the matter taken by learned Single Judge as this is the general trend in the schools situated throughout the State particularly in rural areas. It is so happening for want of proper mechanism to conduct regular/surprise checking of the schools which mostly are situated in the rural areas, some of which even are not accessible by road also."
3. Accordingly, the Directors of Elementary Education and Higher Education were directed to apprise this Court as to whether there exists any mechanism in the Education Department providing for regular/surprise checking of the schools by the officer(s) authorized to do so. This part of the judgment also reads as follows:
"Before parting, we would be failing in our duty in case not call upon the Director of Elementary Education and Director of Higher Education to apprize us as to whether there exists any mechanism in the Education Department providing for regular/surprise checking of ::: Downloaded on - 29/09/2019 02:23:58 :::HCHP 3 the schools by the officer(s) authorized to do so. If Yes, the details of regular/surprise checking so conducted by such officer(s) during the years 2017 .
and 2018 and number of teaching/non-teaching staff found absent from the schools in violation to the provisions contained in the Leave Rules or any other irregularity noticed be furnished for our perusal. In case the teaching/non-teaching staff found absent from duty unauthorizedly or any other irregularity noticed, the action, if any, taken against them including the Principal(s)/Headmaster(s) responsible to maintain discipline and decorum in the School be also brought on record. Both the Directors shall furnish the data/information in their respective affidavits to be filed within two weeks from today. List in the Chambers for consideration on 9.1.2019."
4. Accordingly, the affidavit came to be filed, however, being not in tune with the above direction of this Court, we passed the following order in the matter on 11.4.2019:
"Affidavit in compliance though has been filed, however, nothing finds mention therein about the nature of the irregularities/shortcomings, if any, detected during the surprise checking so conducted. It is also not clear as to against whom the action, if any, has been taken and for what lapse(s). Being so, better particulars be filed within three weeks. List on 6th May, 2019 at 4.15 p.m in the Chambers."::: Downloaded on - 29/09/2019 02:23:58 :::HCHP 4
5. Consequently, better particulars were disclosed by filing the affidavit afresh. On perusal of the same, we again passed the following order on 8.7.2019:
.
"Better particulars stand filed. We are not satisfied with the action taken i.e. simple warning, taking application for leave etc.-etc. for such a grave misconduct attributed to the teachers who during the surprise checking of their respective school(s) were found absent from duty. It is in this view of the matter, this matter need further consideration on the next date when the Directors, Elementary and Higher, Education shall remain present in person to assist the court. List on 6.8.2019."
6. Since the affidavits so filed were not happily worded, therefore, consequent upon the order passed on the previous date, both Directors have filed the affidavit afresh. Para 3 of the affidavit filed by Director, Elementary Education reads as follows:
"3. That it is submitted that as per the inspection report provided by Deputy Director of Inspection Cadre, while conducting the inspections during the years 2017 and 2018, 23 JBTs, 13 CHTs, 03 H.Ts, 01 LT, 01 Shashtri, 01 PET and 6 TGTs were found absent. Show cause has been issued to 01 TGT, 02 TGTs has been charge sheeted and thereafter warning has been issued to one of them. One TGT has tendered her resignation and show cause notice is being issued to two TGTs. In case of other category of teachers, inspection reports have been sent to the concerned Deputy Directors of Elementary Education in Himachal Pradesh for taking appropriate action against the absentee teachers ::: Downloaded on - 29/09/2019 02:23:58 :::HCHP 5 being appointing authority of the said category of teachers. Till now, no information has been provided by them as to what action has been has been taken against these teachers. The directions .
have again been issued to all the Deputy Directors of Elementary Education in H.P. to take immediate disciplinary action against these absentee teachers."
7. Similarly, para 4 of the affidavit filed during the course of the day by Director (Higher Education) also reads as follows:
"4. That during inspections various advisories have been issued to the concerned heads of institutions for improvement in academic standards.
r In these inspections warnings have been issued to the defaulters. Principal, Headmaster, Lecturer, Post Graduate Teacher, Assistant Librarian, Vocational Teacher, Information & Technology, Classical & Vernacular, Trained Graduate Teacher, Shastri, Language Teacher, Drawing Master, Diploma in Physical Education/Physical Education Teacher, Head Teacher, Junior Basic Teacher, Central Head Teacher, Superintendents, Senior Assistant, Clerk, Lab Attendants and Class-IV have been found defaulters. Defaulters are late comers, remained absent for one day to more than one day. Show cause notices were issued, their explanations were considered then warnings were issued. Total 178 defaulters were noticed during 2017-18 and 2018-19 out of which 500 were under the control of Director Elementary Education, therefore, any action in their matter was to be taken by the Director Elementary, Education. In remaining 128 cases of Higher Education show cause notices were issued to all the defaulters. After receiving replies warning was (sic.were) issued 123 defaulters and following action has been ::: Downloaded on - 29/09/2019 02:23:58 :::HCHP 6 taken against remaining five defaulters, who were found to be willfully absent:-
Sr. Name & Designation of Name of Charges Decision/Status No. officers/officials institution/office .
concerned.
1. Sh. Sanjeev Passi G(G)SSS Willfully Suspended on Lecturer English Kunihar (Solan) absent 17.5.2019 & w.e.f.
charge sheet is 12.11.2018 being issued shortly.
2. Sh. Akku Tara, Head GHS Willfully Charge sheeted Master Misserwala, absent & on 30.5.2019 Sirmaur dereliction on the receipt of duties of report from inspection officer, she has been warned r on 15.7.2019.
3. Sh. Hari Singh Clerk GSSS Shalang, Willfully Censure issued Kullu absent & period DIES Non
4. Sh. Vijay Kumar, Peon GHS Kohla, Habitual Inquiry under Hamirpur process.
5. Sh. Hukum Chand, Lab G(G)SSS Willfully Inquiry under Attendant Nalagarh, Solan absent process.
8. We have considered the matter in the light of the above material.
We are satisfied with the progress made in the matter consequent upon our direction in the judgment passed in the main appeal and also the orders reproduced hereinabove. We hope and trust that both Directors shall keep in mind that Education is a fundamental right and the citizens should not be deprived of such valuable right guaranteed to them by our Constitution on account of administrative inefficiency, indiscipline, lack of infrastructure, teachers and other staff in the schools situated in the State. This is essentially ::: Downloaded on - 29/09/2019 02:23:58 :::HCHP 7 required to improve the standard of education in the government schools which at one point of time used to be very high due to sincerity, dedication, devotion and honesty of the teachers, who in real sense, were "GURU" and being rightly .
called so.
A copy of this judgment, duly authenticated, be sent to the Chief Secretary to the Government of Himachal Pradesh to ensure the improvement of standard of education in the government schools so that the students and parents repose faith in the system.
No other and further order in the matter is now required and we close the same with the above observations.
( Dharam Chand Chaudhary ), Judge.
August 20, 2019 ( Jyotsna Rewal Dua ),
(karan-) Judge.
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