Summary
The Supreme Court upheld a fresh disciplinary enquiry from the charge-sheet stage into allegedly irregular teacher appointments and continued the officer’s suspension during that enquiry. Selection Committee recommendations were required under the appointment rules, but the officer’s reliance on court orders and senior officials’ directions remained for investigation. The enquiry had to afford full evidentiary opportunity and finish within four months. The Chief Secretary was directed to appoint the enquiry officer, modifying the High Court’s direction.
Issues
- Whether a fresh enquiry and continued suspension were justified after the earlier enquiry violated natural justice.
- Who should appoint the enquiry officer and what safeguards should govern the renewed enquiry.
Provisions considered
- Rules 16 and 19(3), Uttar Pradesh Basic Education (Teachers) Service Rules, 1981The appointing authority could appoint teachers only on the Selection Committee’s recommendations; the alleged breach required a proper enquiry. (¶¶ 15, 16)
Held
- The District Basic Education Officer’s status as appointing authority did not dispense with the required Selection Committee recommendations. The State’s serious allegations required determination through a full disciplinary enquiry, including consideration of the officer’s court-order and superior-direction defence. (¶¶ 15, 16)
- The matter was properly remitted for enquiry afresh from the charge-sheet stage. The officer must receive a full hearing and opportunity to produce oral and documentary evidence; unnecessary adjournments were prohibited. (¶ 17)
- Suspension was to continue during the enquiry, which must be completed within four months. The enquiry officer was to be appointed by the Chief Secretary under the modified direction. No view on the merits was expressed. (¶ 17)
Result
Civil appeal dismissed with modification: fresh enquiry upheld, suspension continued, four-month completion directed and Chief Secretary to appoint the enquiry officer. Copy to be sent to the Chief Secretary; pending applications disposed of. Merits left open.