Reinstate assistant education inspector: Bombay HC

A division bench of the Gujarat high court has imposed a fine of Rs10,000 on the commissioner of Mid-day meal scheme (MDM) in connection with inquiry and subsequent compulsory retirement of an assistant education inspector. The bench has also ordered to reinstate the officer to the education department.

"On going through the order of punishment, prima-facie we are of the view that action taken by the respondent officer is high-handed and was done with undue haste," said the bench comprising chief justice KS Radhakrishnan and justice Akil Kureshi.

"We also noticed that the copy of the enquiry report was not submitted before punishment of compulsory retirement was imposed on the officer. It is unfortunate that an assistant school teacher (cum assistant education inspector), who worked for more than 19 years was forced to quit the service even before proper inquiry into the matter was conducted," the bench further said.

JU Prajapati, who served as the assistant education inspector cum assistant school teacher at the office of the District Education Officer (DEO) in the city, was ordered to compulsory retirement on August 25 this year by the commissioner of the MDM. The commissioner initiated inquiry against Prajapati in accordance with the order of the Gujarat high court in connection with petition filed by a trust whose government grant was cancelled by the DEO office.

Prajapati, through his counsel, submitted in the petition that the order was passed by the government under pressure and that the inquiry was made in a haphazard manner. He also said that the punishment of compulsory retirement was imposed in gross violation of the principles of natural justice. The power was exercised mala fide in a high-handed manner and with undue haste. Not only was Prajapati not given the inquiry report, he was also not given the opportunity of hearing.