NAGENDRA SINGH vs STATE OF UTTARAKHAND AND OTHERS

For the reasons stated, delay condonation application is allowed. Delay in filing the counter affidavit on behalf of respondent no. 3 is condoned.

Counter affidavit filed on behalf of respondent no. 3 is taken on record.Â

With consent of learned counsel for both the parties, matter is taken up for final hearing. Heard Mr. Jayavardhan Kandpal, Advocate for the

petitioner and Mr. M.S. Bisht, Brief Holder for the State of Uttarakhand / respondents.Â

Brief facts of the present case are that District Education Officer (Primary Education) Haridwar, sought certain information from the petitioner

regarding his educational qualification. Despite granting several opportunities, when petitioner failed to provide the required information, District

Education Officer / respondent no. 3 passed the impugned order dated 01.10.2016 suspending the petitioner. Feeling aggrieved, petitioner approached

this Court, for quashing of order dated 01.10.2016 and for grant of subsistence allowance.Â

Vide letters dated 20.10.2016 and 25.10.2016, petitioner had already supplied the copy of required documents i.e. certificates 2 of his educational

qualification and in turn, respondents have already sent them for verification.Â

The Coordinate Bench of this Court vide order dated 07.07.2017 passed an interim order, which reads as under:

 “Learned counsel for the State on instructions submits that educational certificates of the petitioner have been sent for verification to the

Gorakhpur University, and suspension order would be revoked, if it is found that petitioner’s educational certificates appear to be genuine. As of

now, there is no material available with the respondents to place the petitioner under suspension.

In the meantime, the effect and operation of the impugned order dated 01.10.2016 passed by District Education Officer, Basic, Haridwar shall remain

stayed.â€​ Â

In view of the above, writ petition is allowed. Impugned order dated 01.10.2016 is set aside. However, respondent no. 3 / District Education

Officer, (Basic), Haridwar is at liberty to take appropriate action in the matter, in accordance with law, on receipt of the report from Gorakhpur

University regarding genuineness of the petitioner’s documents.Â