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SMT. NEETU SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Smt. Neetu Singh v. State Of U.P. And Others - WRIT - A No. 5492 of 2007 [2007] RD-AH 2678 (19 February 2007)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Court No. 39

Civil Misc. Writ Petition No. 5492 of 2007

Smt. Neetu Singh    Vs.  State of U.P.  and others

Hon'ble V.K. Shukla, J.

Petitioner claims that she was appointed as Assistant Teacher along with eight others vide joint appointment letter dated 23.12.1993 issued by Deputy Director of Education, 1st Region, Meerut. Petitioner has contended that her name figured at serial No. 2 and she joined on 26.12.1993 at Government Girls Inter College, Shikarpur, District Bulandshahr. Petitioner has contended that she was promoted in lecturers' grade, and thereafter Joint Director of Education sent letter dated 29.12.2006 to the District Inspector of Schools, Aligarh to enquire into the matter about the appointment of petitioner on the ground that the appointment letter dated 23.12.1993 had not been issued from the office of the Joint Director of Education. Thereafter, District Inspector of Schools passed order directing the Principal, Government Girls Inter College, Narauna, Aligarh to enquire about the appointment of petitioner. At this juncture, petitioner has approached this Court for quashing the orders dated 29.12.2006 and 18.01.2007 passed by Joint Director of Education and the District Inspector of Schools, respectively.

On presentation of writ petition on 02.02.2007, this Court had passed following order:

"Let Joint Director of Education Aligarh to remain present with all relevant record pertaining to selection, if any, held before issuance of the order and the record pertaining to letter No.2312/93 as well as dispatch register referred in his order dated 29.12.2006, on 19-2-2007. He shall indicate the name of persons who is said to have been issued the letter dated 23.12.1993, and in case it is alleged that document is forged, why first information report has not been lodged, inasmuch such as such fraudulent appointments results in loss to public exchequer.

List on 19-2-2007."

On the matter being taken up today, dispatch register referred to in order dated 29.12.2006 has been produced. The original record indicates that vide letter No.131 dated 29.12.1993 19 incumbents for the period mentioned in the letter had been awarded leave encashment in terms of Government Orders 30.10.1981 and 13.04.1985. Thus, the dispatch register clearly establishes that fraud had been practiced, inasmuch as letter No.131 dated 29.12.1993 is altogether a different letter being issued from the office of the Deputy Director of Education, Meerut. The document which has been filed by the petitioner is prima facie fictitious with same letter number. Sri B.K. Saxena, Joint Director of Education under his signature dated 15.02.2007 has supplied entire list of Assistant Teachers, who were issued appointment letter on the basis of selection by U.P. Subordinate Selection Board, Lucknow. Each and every detail furnished in the said letter is as follows:

"Statement of  Assistant Teachers appointed through direct recruitment  in L.T. Grade by U.P. Subordinate Selection Board, Lucknow in 1993 as available with the then Deputy director of Education 1st Region Meerut.

Sl. No.

Name and date of birth and address of candidates selected by the Commission

Name of institution where appointment has been made

Order No. and date

1.

Smt. Renu Rastogi,

05.06.07,

C/o R.K. Rastogi, 69, Muftibara, behaind old Tehsil, Meerut

Government Girls Inter College, Kithore, Meerut

O.No. Management/112/

93-94 dated 10.12.93

P. No. Management 25448 -67/ 93-94 10..12.93

2.

Smt. Praveen Singh,

01.01.69,

C/o Nand Lal Ghana Amar Singh, Raya, Mathura

Government Girls Inter College, Bhawan Bahadur Nagar, Bulandshahr

O.No. Management/113/

93-94 dated 10.12.1993

P. No. Management 25468- 87/ 93-94 even dated

3.

Km. Bhartui Kumshrestha,  

4.7.65

J 249, Patel Nagar, Ghaziabad

Government Girls Inter College, Hastinapur, Meerut

O.No. Management/114

93-94 dated 10.12.1993

P. No. Management 25488- 502/ 93-94 even dated

4.

Sushri Rashmi Verma

21.10.68

7 Rangtaj Moulla, Patelpuri Meerut Cantt.

Government Girls Inter College, Shishauli, Muzaffarnagar

O.No. Management/115/

93-94 dated 10.12.1993

P. No. Management 25503- 517/ 93-94 even dated

5.

Sushri Rashmi Saxena

01.07.71

C/o Smt. Lawan Lata Saxena, Shri Mallu Singh Arya Kannya Inter College, Mataur, Meerut

Government Girls Inter College, Pahasu, Bullandshahr

O.No. Management/116/

93-94 dated 10.12.1993

P. No. Management 25518- 32/ 93-94 even dated

6.

Km. Reena jain

1.06.68

C/o Sri Pradeep Kumr Jain, Wardhman Trading Company, Chahparat Street Deoband, Distrcit Saharanpur

Government Girls Inter College, Saharanpur

O.No. Management/117/

93-94 dated 10.12.1993

P. No. Management 25533- 47/ 93-94 even dated

7.

Km. Poonam Arora

17.10.68

C/o Smt. Sheela Arora,112/4 Nirman Path Roorki, University Roorki (Hardwar)

Government Girls Inter College, Jwalapur (Hardwar)

O.No. Management/118/

93-94 dated 10.12.1993

P. No. Management 25548- 62/ 93-94 even dated

8.

Smt. Seema Shekhar

23.06.66

C/o Sri Jaswant Singh, Principal, Gochar Mahavidyalaya, Rampur-Maniharan, Saharanpur

Swami Vivekanand Government Girls Inter College,Bikraul, Saharanpur

O.No. Management/119/

93-94 dated 10.12.1993

P. No. Management 25563- 77/ 93-94 even dated

9.

Km. Rubi Gupta

28.2.68

C/o Sri Hirday Prakash Gupta, Aders Nagar, Sardhana Road, Kankarkhera, Meerut Cantt.

Government Girls Inter College, Daha, Meerut

O.No. Management/120/

93-94 dated 10.12.1993

P. No. Management 25578- 92/ 93-94 even dated

10

Km. Rachna Vishta

2.12.66

d/o K.S. Vishta, C/o  Sri Kunwar Singh 47, Hiranagar, Haldwani, District Nainital

Government Girls Inter College, Deoband, Saharanpur

O.No. Management/121/

93-94 dated 10.12.1993

P. No. Management 25593- 607/ 93-94 even dated

11.

Smt. Manju Singh

05.05.69

C/o Sri Maharaj Singh, Advocate, 301, Western Kuchery Road, Meerut

Government Girls Inter College, Tugana, Meerut

O.No. Management/122/

93-94 dated 10.12.1993

P. No. Management 25608- 22/ 93-94 even dated

12.

Smt. Renu Sharma

31.05.61

C/o Sri Ashok Kumar Sharma, 66 Gandhi Nagar, near Shiv Mandir, Meerut

Government Girls Inter College, Baraut, Meerut

O.No. Management/123/

93-94 dated 10.12.1993

P. No. Management 25752- 67/ 93-94 even dated

13.

Smt./ Archana Saxena

19.02.63

179, Kalpana Nagar, Civil Lines, Etawah

Government Girls Inter College, Bawli, Meerut

O.No. Management/124/

93-94 dated 10.12.1993

P. No. Management 25776- 91/ 93-94 even dated

14.

Km. Rekha Agrawal

29.03.66

C/o Sri Anand Agrawal,11 Vijay Nagar, Orai, Jalaun

Saraswati Government Girls Inter College, Jhabrera, Meerut

O.No. Management/125/

93-94 dated 10.12.1993

P. No. Management 25805- 20/ 93-94 even dated

15.

Smt. Sushma

23.11.67

d/o Sri Beniram Sharma, Teacher, Ram Bihar Bypass Road, to the eastern side of Madhya Gangnaahar Colony, Jalkhera Marg, Bulandshahr

Government Girls Inter College, Bhainsi, Muzaffarnagar

O.No. Management/126/

93-94 dated 10.12.1993

P. No. Management 25821- 36/ 93-94 even dated

16.

Smt. Sunita Sahgal

05.01.64

C/o Sri Sanjay Kumar Sahgal, 35 Gill Colony, near Lajpat Bhawan, Saharanpur

Lala Indrasen Mahamanas Government Girls Inter College, Nukur, Saharanpur

O.No. Management/127/

93-94 dated 10.12.1993

P. No. Management 25837- 42/ 93-94 even dated

(B.K. Saxena)

Joint Director of  Education

    First  Region, Meerut

 15.02.2007"

Thus, prima facie it is a case, where fraud has been practiced, and on the basis of forged appointment, petitioner continued as Assistant Teacher  and subsequently Lecturer for such long period and drew salary. Consequently, there is no occasion to interfere with the impugned order. As document has been forged, criminal offence has been clearly committed, as such Joint Director of Education is directed to lodge First Information Report for the fraudulent act, which has been committed. Investigation be carried out and the guilty persons be brought to book. Secretary Secondry Education, U.P. at Lucknow is directed to  make enquiry into the matter and fix liability on the petitioner as well as other incumbents of the Education Department, who had conspired with the petitioner in ensuring her appointment and payment as fraudulent appointment has apparently caused loss to public exchequer, within three months from the date of receipt of a certified copy of this order, and the amount which has been illegally paid to petitioner be recovered, accordingly. Personal appearance of the officer concerned is exempted.  

With above observation and directions, present writ petition is dismissed.            

19.02.2007

SRY


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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