High Court · 2025

2. Mr. Ganesh Kandpal, learned Deput y Advocat e General t he St at e of Ut t arakhand. t o Pet it ioner was appoint ed as Assist ant 3. Teacher, Governm ent Prim ary School in t he year 2007 and she is serving as such ever since t hen. The next prom ot ional post available t hat of t he pet it ioner Assist ant Teacher, Governm ent Junior High School. Prom ot ion exercise was init iat ed by t he Com pet ent Aut horit y for supplying t he prom ot ional available vacancies on post and all t eachers, who were eligible for prom ot ion were furnish t he prescribed relevant perform a. One of t he inform at ion sought by t he Com pet ent Aut horit y was whet her filed any court case Depart m ent has against t he t eacher has filed any case against t he Depart m ent . t he Teacher or whet her required inform at ion t o Pet it ioner

4. desired furnished inform at ion in t he prescribed perform a, which is on record as Annexure- 7 t o t he writ pet it ion. t he Perusal of t he said docum ent reveals 5. t hat pet it ioner st at ed t hat no case filed by Depart m ent against her is pending in any court and she furt her st at ed t hat any case filed by her is also not pending before any court of law.

6. Based on t he inform at ion supplied by basis, t he pet it ioner, she was offered prom ot ion as Assist ant Teacher, Junior High School on t em porary dat ed 19.08.2025. The order of prom ot ion passed favour of pet it ioner was, however, suspended by Dist rict Educat ion Officer ( Elem ent ary) , t he sam e day and pet it ioner was asked t o show cause, wit hin one week, as t o why appropriat e act ion be not t aken against her for suppression of relevant subsequent order passed on 19.08.2025, whereby offer of prom ot ion was suspended, has been challenged in t his writ pet it ion. inform at ion. The I n t he im pugned order, it is alleged incorrect

7. t hat pet it ioner has inform at ion on t he following aspect s: - furnished ( i) pendency of court cases, filed by pet it ioner, against t he Depart m ent . ( ii) inform at ion regarding adverse ent ry recorded against her.

8. Learned St at e Counsel subm it s t hat an adverse ent ry was recorded against t he pet it ioner by Dist rict Educat ion Officer during report ing year 2019- 20, which fact was suppressed by her in t he disclosure st at em ent . He furt her subm it s t hat t wo writ pet it ions filed by pet it ioner, nam ely, WPSS No. 515 of 2020 and WPSS No. 208 of 2021, are pending considerat ion before t he t his Court , Depart m ent filed by her t hat no case against t he Depart m ent is pending. He furt her subm it s t hat when inform at ion on cert ain aspect s is required from t eachers, who were eligible for prom ot ion, t hen it t o supply correct furt her subm it s t hat t he Com pet ent Aut horit y, by t reat ing t he inform at ion given by pet it ioner t o be correct , offered prom ot ion t o her, but when t he inform at ion given by her was incum bent upon inform at ion. He inform ed t hem found t o be false, t he offer of prom ot ion m ade t o her was suspended and show cause not ice was issued t o her. t he is not relevant recorded during Per cont ra, learned counsel for t he 9. pet it ioner subm it s t im e of t hat at prom ot ion, service record of last five years alone is t o be seen, t herefore, adverse report ing year ent ry for prom ot ion 2019- 20 m ade in 2025. He furt her subm it s t hat Dist rict Educat ion Officer has filed count er affidavit s in t he writ pet it ions, filed by pet it ioner, which are st ill pending before t his Court , t herefore, t here was no need t o seek inform at ion regarding pendency of cases filed by pet it ioner. Schools law would t he process, t he

10. Learned St at e Counsel subm it s t hat t here are t housands of t eachers serving in Governm ent / Prim ary Governm ent Junior High Schools in Dist rict Haridwar and going t hrough t he service record of each t eacher for ascert aining as t o whet her any adverse ent ry was given t o him / her or whet her any writ pet it ion filed by a t eacher is st ill pending considerat ion before any court of t ake considerable t im e and effort , t herefore, t o inform at ion was expedit e sought t eachers and every t eacher had t o m ake declarat ion on oat h t hat what ever supplied is correct . He subm it s t hat when requires a Governm ent t he em ployer Servant inform at ion on any aspect , t hen t he Governm ent Servant is dut y bound t o supply correct inform at ion and he cannot give false or m isleading reply t o t he query m ade by t he em ployer. t wo writ He subm it s filed by pet it ioner are st ill pet it ions pending before t his Court , however, pet it ioner denied pendency of any case filed by her against t he Depart m ent . t hat alt hough inform at ion furnish t o t he pet it ioner 11. Learned counsel subm it s t hat in t he perform a, in which inform at ion t he fourt h paragraph, Depart m ent , pet it ioner had scored off t he expression “ugha”, which corresponds t o ‘no’, t herefore, t he reply given by pet it ioner t o Quest ion No. 4 would m ean t hat no case has been filed by her against t he Depart m ent . sought t he

12. Learned St at e Counsel however, disput es t he said cont ent ion and subm it s t hat Quest ion No. 4 is in t wo part s, t he first part is regarding t he court case, if any, filed by t he Depart m ent against a t eacher and t he second part is regarding t he court case filed by t he t eacher against t he Depart m ent . He subm it s t hat by scoring off “ugha” in t he fourt h paragraph, pet it ioner indicat ed t hat no case filed by is pending, Depart m ent against her fourt h however, by paragraph, she was required t o m ake a declarat ion filed by her against t he Depart m ent is pending before any court , but she convenient ly om it t ed t o give any reply t o t he lat t er half, t hereby creat ing an im pression t hat she had not filed any court case. He t hus, subm it s t hat pet it ioner deliberat ely suppressed m at erial inform at ion for get t ing prom ot ion and t he Com pet ent Aut horit y was issuing a show cause not ice t o her and in suspending offer of prom ot ion given t o her. lat t er half of t hat no case j ust ified t he against pet it ioner St at e Counsel

13. Learned furt her subm it s t hat whet her t he adverse ent ry recorded during report ing year 2019- 20 is t o be considered at t he t im e of prom ot ion or not , is an aspect which would be governed by t he applicable Rules or Governm ent Orders, however, when pet it ioner was asked t o disclose as t o whet her any adverse ent ry t hen it was was recorded against her, incum bent upon t he pet it ioner t o m ent ion about t he adverse ent ry recorded during report ing year 2019- 20. Thus, he subm it s t hat since pet it ioner has m ade incorrect st at em ent on oat h on t he aforesaid t wo Com pet ent aspect s, Aut horit y was j ust ified in suspending t he order of prom ot ion passed in her favour. t herefore, t he t he Governm ent finds subst ance declarat ion m ade t he provisions cont ained t he 14. This Court subm ission m ade learned St at e Counsel. As St at e em ployee, pet it ioner is bound by Ut t arakhand Servant s ( Conduct ) Rules. The Com pet ent Aut horit y believing pet it ioner t o be t rue offered prom ot ion t o her. Aft er realising t he disclosure t he prescribed m ade by pet it ioner perform a was incorrect on aforesaid t wo aspect s, t he Com pet ent Aut horit y was well wit hin his right t o suspend t he offer of prom ot ion. For t he aforesaid reasons, t he order, whereby offer of prom ot ion was suspended, cannot be t erm ed as illegal. t hat

15. Thus, any int erference in t he m at t er would not be warrant ed. For t he aforesaid reasons, dism issed. t he writ pet it ion fails and ( M a n o j K u m a r Ti w a r i , J)

02.09.2025 Aswal NITI RAJ SINGH ASWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eacc6757ee7881e933ff8934f07477 005aa85f9802a3a08b08d1369512ea30f3, postalCode=263001, st=UTTARAKHAND, serialNumber=44EB54CBF00B7698CB6F10C 2CE3D26F5C22DACF4F4610C1FE58A58531 726FBB0, cn=NITI RAJ SINGH ASWAL