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2018 Supreme(Jhk) 2748

IN THE HIGH COURT OF JHARKHAND AT RANCHI
Aparesh Kumar Singh, J.
Ekta Rachna Kindo - Appellant
Versus
State Of Jharkhand Through Principal Secretary, Hrd Dept , Ranchi - Respondent
Writ Petition (S) No. 5546 of 2018
Decided On : 28-11-2018

Advocates Appeared:
Manoj Kumar Choubey, Adv., Rajiv Anand, Adv.

The court emphasized the importance of allowing the concerned authorities to undertake a proper inquiry based on the findings of the inspection, without foreclosing the opportunity for the petitioner to offer her representation/explanation.

Headnote:

Administrative Officials - School Inspection - Financial Irregularities and Administrative Issues

Fact of the Case:

The petitioner, who was the In-charge Head Master of a school, was relieved of her duties following an inspection that revealed financial irregularities and administrative issues. The petitioner contested the findings, claiming unfair victimization.

Finding of the Court:

The court found that it was not the appropriate stage for the Writ Court to interfere in the matter, as the administrative officials had found infirmities during the inspection. The court emphasized that the petitioner had not been denied an opportunity to offer her representation/explanation before the concerned authorities.

Issues: The issues revolved around the petitioner's alleged unfair victimization based on the findings of the inspection, and the court's jurisdiction to interfere in administrative matters at that stage.

Ratio Decidendi: The court decided that it was not proper to foreclose the inquiry by making any comments on the allegations or defense of the petitioner at that stage, and that no specific direction could be passed on the petitioner's prayer.

Final Decision: The writ petition was disposed of without providing any specific direction at that stage.

JUDGMENT

Aparesh Kumar Singh, J. - Heard learned counsel for the petitioner and the State.

2. Petitioner has been relieved from the assignment of In-charge, Head Master from Dr. Ram Manohar Lohiya High(+2) School, Umedanda, Burmu, Ranchi and one Amarendra Kumar, teacher has been given the said charge by the impugned order at Annexure-8 dated 27.10.2018 issued by the District Education Officer, Ranchi. Petitioner being aggrieved has assailed it. This is based upon an inspection carried out on the same day by the Respondents Regional Deputy Director of Education, South Chottanagpur, Ranchi, District Education Officer, Ranchi and District Superintendent of Education, Ranchi in the school. During inspection, petitioner and one Clerk Manoj Kumar Sahu were found absent. The Officials during inspection enquired from the students, teachers, ministerial staffs, parents and villagers and acquired information which prima facie showed financial irregularities as also complaints of administrative and educational works in the school against the In-charge Head Master i.e., petitioner. For better educational arrangements and in the interest of students, these arrangement has been made.

3. Learned counsel for the petitioner submits that these prima facie findings on the same date of the inspection have been recorded against the petitioner without due verification of the records and scrutiny of the complaints. This inspection was prompted on the basis of a complaint forwarded by the Pramukh, Burmu Prakhand (Annexure-6) allegedly signed by certain parents and teachers but subsequently by letter dated 28.10.2018 (Annexure-9) written by the Member, Zila Parishad, Burmu Prakhand, the District Education Officer, Ranchi has been informed that the teacher Amarendra Kumar to whom charge has been given, belongs to the same place Umedanda. This aspect should have been taken into account while giving the charge of Head Master to this incumbent. Learned counsel for the petitioner further points out that this letter has also been signed by the Pramukh of Burmu Prakhand. There is no basis in the allegation but petitioner has been unfairly victimized on unsubstantiated charges. This is the reason for her to approach the Court. Petitioner contends that she has attended the office of Respondent no.5 on the same day vide Annexure-7. This was in compliance of the direction issued earlier to submit a data base of teaching and nonteaching employees of the school. Such remarks are stigmatic and adversely affect the future career prospect of the petitioner. Learned counsel for the petitioner further points out that petitioner has duly entered her presence in the school on the same day which can be evident from the records of the school.

4. Learned counsel for the respondent State submits that the matter has been taken up for first time and instructions have not been received as yet.

5. Considered the submission of learned counsel for the parties in the light of relevant material facts pleaded and taken note above. Apparently this is not the stage for the Writ Court to interfere in the matter. Administrative Officials during inspection appeared to have found certain infirmities, both in administrative, educational and financial matters in the school of which petitioner was In-charge, Head Master. Petitioner has been relieved of the Inchargeship of the Head Master while some other teacher has been given the charge. The Respondents may after due scrutiny of all the records and material collected during inspection in their discretion choose to undertake proper inquiry or may drop the matter if satisfied with the bonafides. In both situation, petitioner has not been denuded of an opportunity to offer her representation/ explanation before concerned Respondents. This Court does not consider it proper to foreclose the enquiry if necessary by making any comments on the allegation or defence of the petitioner.

6. As such no specific direction can be passed on the prayer of the

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