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2016 Supreme(All) 4095

P.K.S.BAGHEL
Ankit Prajapati – Appellant
Versus
State of U. P. Thru Prin. Secy. Deptt. of Basic Edu. Lucknow – Respondent


Advocates Appeared:
For the Petitioner:- Shiv P. Shukla
For the Respondent:- C.S.C.,Jyoti Sikka

JUDGMENT

Pradeep Kumar Singh Baghel,J.

1. The petitioner was employed as an Accountant on contract basis in Kasturba Gandhi Awasiya Vidyalaya, Asoha, District Unnao (for short, the "Institution"). He has preferred this writ petition for issuance of a writ of certiorari quashing the order dated 08.04.2015 passed by the second respondent terminating his services on the ground of misconduct.

2. A brief reference to the factual aspects would suffice. The petitioner was engaged on a fixed salary in the year 2011 for 11 months as an Accountant. His engagement was subject to further extension. A teacher of the Institution Manju Yadav made a complaint on 24.01.2015 against the Warden of the Institution. The District Basic Education Officer on the said complaint constituted a Three-Member Committee, which made a spot inspection of the Institution and has recorded the statement of the teachers and employees. The said report is on the record as Annexure-CA-1 to the counter affidavit.

3. A perusal of the said report reveals a shocking state of affair in Kasturba Gandhi Residential School. It appears that most of the teachers and staff are indulged in serious misconduct. On the basis of the said


















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