Punjab-Haryana High Court
Bijender Kumar vs State Of Haryana And Others on 10 September, 2012
Bench: Jasbir Singh, Rakesh Kumar Jain
In the High Court of Punjab and Haryana, at Chandigarh
Civil Writ Petition No. 3990 of 2012
Date of Decision: 10.9.2012
Bijender Kumar
... Petitioner
Versus
State of Haryana and Others
... Respondents
CORAM: Hon'ble Mr. Justice Jasbir Singh, Acting Chief Justice.
Hon'ble Mr. Justice Rakesh Kumar Jain.
Present: Mr. H.C. Arora, Advocate for the petitioner.
Mr. B.S.Rana, Additional Advocate General, Haryana, for the respondents.
Jasbir Singh, Acting Chief Justice (Oral) By filing this writ petition, directions are sought to be issued to the respondents to take final decision on the Show Cause Notices issued to many guest faculties/lecturers who were not eligible when they were originally taken into service.
On 6.7.2012, this Court had passed the following order:
"Reply has not been filed. Further time is sought. We grant four weeks time to the State to file reply.
In this writ petition, it is grievance of the petitioner that some of the guest teachers were found ineligible because they did not possess the required minimum educational qualifications etc. To remove them from service, show cause notices were issued to which they filed replies. However, some of them filed CWP No.4587 of 2011 which was disposed of by this Court on 5.8.2011, by issuing following directions:-Civil Writ Petition No. 3990 of 2012 2
"All these writ petitions are disposed of with a direction to the petitioners to appear before the respective authorities which have issued show cause notice in each case. The said authorities, after obtaining replies of the respective petitioners to the show cause notice, shall forward the case to the Director, Education School, by fixing a date of hearing before the Director in consultation with the Director. The Director, School, thereafter, would afford due opportunity of hearing to the petitioners and pass an order in accordance with law. The petitioners shall be at liberty to raise all the pleas that they may wish to urge against the proposed action. Needless to mention that the Director would keep in mind the observations made by Ist Division Bench in Tilak Raj's case (supra). The petitioners would be at liberty to impugn any order passed by the Director in accordance with law. If any of the petitioner makes a request for being represented by a counsel, the same shall be considered by the Director and appropriate order made thereon. The interim order passed in favour of the petitioners shall continue till the date of decision by the Director."
By way of above referred order, this Court had directed the affected parties to file their replies to the show cause notices before the respective authorities which had issued show cause notices. The said authorities were directed to forward those replies to the Director, Education School, after fixing a date of personal hearing with the consent of Director and the Director after affording personal hearing to the affected persons was directed to pass an order as per law.
It is contention of counsel for the petitioner that nothing has been done so far.
Civil Writ Petition No. 3990 of 2012 3
Under the circumstances, we direct respondent No.2 to take action as per directions given by this Court in above said writ petition before the next date of hearing. If no action is taken as per above directions, respondent No.2 will come present in Court on the date fixed.
Adjourned to 13.8.2012.
Pursuant to the above said order, affidavit of A. Sreenivas, Director, Secondary Education, Haryana, had been filed in the Court wherein it was indicated that action had already been taken against one Lecturer, 63 Masters, 40 C&V Teachers and five JBT Teachers. It was further stated that Show Cause Notices had been issued to 719 guest faculty teachers. After perusal of the said affidavit on 13.8.2012, this Court passed an order directing the officer to pass final orders on the Show Cause Notices issued to the guest faculty teachers concerned and to inform this Court as to what disciplinary action has been taken against those officers who allowed the ineligible candidates to remain in service upto 31.3.2012.
Pursuant to the aforesaid directions, an affidavit of O.P.Sharma, Joint Director Administration, Office of Director, Secondary Education, Haryana has been placed on record, wherein it is stated that services of 193 guest faculty teachers, who were not eligible when inducted into service, have been dispensed with. It is further stated that Show Cause Notices have been issued to 192 guest faculty teachers/masters posted in Mewat district and services of 45 guest faculty who though have requisite qualification but were appointed by Drawing & Disbursing Officer during ban period, have been allowed to Civil Writ Petition No. 3990 of 2012 4 continue in the interest of justice. So far as 719 guest faulty teachers, whose reference was found made in an order dated 13.8.2012, are concerned, it is stated that speaking orders have been passed in 539 cases. It is also stated that so far as 87 Principals, 19 Headmasters and 24 Drawing & Disbursing Officers (eight Lecturers/16 Masters), who appointed the guest faculty contrary to the departmental instructions, have also been charge sheeted.
Since the authorities concerned are taking appropriate action in this matter, this writ petition has become infructuous and the same is disposed of as such. However, the Director, Department of Secondary Education, Haryana, is directed to continue with the process of taking action in the matter and complete it within six weeks from today and compliance report be placed on the record of this case. In the cases where the process is complete, services of ineligible guest teachers be dispensed with immediately.
(Jasbir Singh) Acting Chief Justice (Rakesh Kumar Jain) Judge September 10, 2012 "DK"