उप जिलाधिकारी के बीएलओ ड्यूटी न करने पर वेतन रोकने की कार्यवाही को उच्च न्यायालय ने "बिना किसी कारण के वेतन रोकना और बीएसए अलीगढ़ को वेतन रोकने का कोई अधिकार न होना " की टिप्पणी के साथ बहाल किया।
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:131486
Court No. - 36
Case :- WRIT - A No. - 10417 of 2023
Petitioner :- Ram Kishore
Respondent :- State Of U.P. And 4 Others
Counsel for Petitioner :- Vijay Kumar,Amit Goel
Counsel for Respondent :- C.S.C.,Bipin Bihari Pandey
Hon'ble Manjive Shukla,J.
1.�� Heard learned counsel for the petitioner, learned Standing Counsel appearing for Respondent No.1 and Mr. Y.S. Bohra, learned counsel appearing for Respondents No.2 to 5.
2.�� Learned counsel for the petitioner has submitted that petitioner is presently posted as Assistant Teacher in Composite School Bhudiyarampur, Block Gangiri, District Aligarh. It has been further submitted that earlier District Basic Education Officer, Aligarh passed an order on 12.11.2021 wherein it was provided that since the petitioner has not turned up for B.L.O. duty, therefore his salary has been stopped.
3.�� Learned counsel for the petitioner has also invited attention of this Court towards a letter dated 21.12.2022 written by the District Basic Education Officer, Aligarh to the Director of Education (Basic), U.P. Lucknow, wherein it has been mentioned that petitioner has not tendered apology, therefore till such time he does not tender apology, he will not be paid his salary.
4.�� I have considered the submissions advanced by learned counsel for the petitioner and I find that till date the appointment of the petitioner stands intact and there is no order under the disciplinary proceedings whereby either services of the petitioner have been terminated or he has been dismissed from service. Till such time petitioner is working, the District Basic Education Officer, Aligarh does not have any jurisdiction to stop the payment of salary of the petitioner.
5.�� In the aforesaid circumstances, I hereby direct the District Basic Education Officer, Aligarh to release the petitioner's salary forthwith along with arrear of salary.
6.�� The writ petition stands finally disposed of.
Order Date :- 4.7.2023