The Allahabad High Court has stayed the suspension of the teacher till further orders and has sought a reply from BSA. The Basic Education Officer had taken this action on the complaint of a second marriage.
A Single Bench of Justice Ajay Bhanot passed this order while hearing a petition filed by Ghanshyam Das Yadav.
Prabhakar Awasthi, counsel assisted by Himanshu Goswami, counsel for the petitioner contends that the petitioner had contracted the second marriage prior to his appointment in government service.
A complaint of bigamy was made by the first wife of the petitioner 30 years after his second marriage and 24 years after his appointment.
The petitioner is the sole earning member of his family. Work and performance of the petitioner in service has been exemplary.
The petitioner has been suspended by taking recourse to Rule 29 of U.P Government Servants Conduct Rules, 1956. The initiation of departmental proceedings by taking recourse to the aforesaid provision is in the teeth of the law laid down in Balram Panwar Vs State of U.P and another rendered.
Moreover, it is contended that invocation of Rule 12 of U.P Basic Education (Teachers) Service Rules, 1981 is not of avail to the respondents. The aforesaid provision is materially distinct from the Rule 29 of U.P Government Servants Conduct Rules, 1956. The latter rules provide for making a specific dispensation which gives discretion to the departmental authorities for condoning bigamy. The said provisions have not been invoked.
The Court granted four weeks time to file counter affidavit for the respondents and two weeks time to file rejoinder affidavit. List after six weeks.
The Court observed that the matter needs consideration.
Till further orders of the Court the impugned order dated 28.06.2024 passed by District Basic Education Officer, Prayagraj shall remain stayed, the Court ordered.
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