Punjab

HIGH COURT STAYS DISCIPLINARY PROCEEDINGS AGAINST PRINCIPAL AFTER 14 YEARS

January 12, 2021 06:40 PM

  Chandigarh (Face2News)

The action of the Punjab school education department of issuing a chargesheet to a principal came under scanner of Punjab and Haryana High Court on a petition filed by Inderjit Kaur of District Ludhiana who had alleged the issuance of charge sheet nothing except sheer harassment and victimisation.

The bench of Justice Sudhir Mittal while issuing notice to the state for April 26 stayed the further proceedings consequent to the charge sheet which was issued on October 29, 2020.

It was submitted by Kapil Kakkar and Hema Kakkar counsel for the petitioner that she was appointed to the post of head mistress in Punjab education department on December 1, 2006 in the ex-service men category on the basis of the certificate issued by the District Sainik welfare officer Ludhiana where in it was stated that she was lineal descendant of an ex-serviceman. One of the essential qualification for selection was experience based upon the applicant being a graduate or post graduate. Experience implies that the candidate was employed and thus, it was illogical to now say that the petitioner was not eligible for appointment.

It was submitted by Kapil Kakkar and Hema Kakkar counsel for the petitioner that she was appointed to the post of head mistress in Punjab education department on December 1, 2006 in the ex-service men category on the basis of the certificate issued by the District Sainik welfare officer Ludhiana where in it was stated that she was lineal descendant of an ex-serviceman. One of the essential qualification for selection was experience based upon the applicant being a graduate or post graduate. Experience implies that the candidate was employed and thus, it was illogical to now say that the petitioner was not eligible for appointment.

It was contended by the counsel that the only charge against the petitioner was that while seeking appointment as headmistress in the year 2006 she was already working in the department as Himdi mistress since 1998 therefore she was not entitled to claim the benefit of ex- service men. It was submitted that all the candidates who were selected against the post of dependants of ex-servicemen were identically situated and only the petitioner has been singled out after an inordinate delay of 14 years and thus the chargesheet being discriminatory and arbitrary, was vitiated, particularly when the petitioner was further promoted to the post of principal in the year 2014.

 
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