SC dismisses Centre's appeal against Shardindu

New Delhi, May 23 (UNI) The Supreme Court has dismissed the appeal of Central government against Delhi High Court judgement vide which the writ of Shardindu, the Chairperson of National Council for Teachers' Education(NCTE) against his removal from the post was allowed by the High Court.

Shardindu was selected as the Chairperson of NCTE for a period of four years or till he attained the age of 60 years, whichever was earlier. The government of Uttar Pradesh relieved him from the post of Director, State Council for Educational Research and Training in the state of Uttar Pradesh, Lucknow on January 21, 2004 and he took charge of his new assignment next day.

An inquiry was conducted by the State Vigilance Commission at the behest of State government in respect of the examination of 2001.

The Vigilance Commission submitted its report on March 27, 2005 and on the basis of that report, a FIR was registered on September 19, 2005, implicating seven persons including the respondent herein.

Shardindu was placed under suspension, pending disciplinary proceedings.

When this fact came to the notice of the Central government, it passed an order on November 18, 2005 terminating the deputation of the respondent as the Chairperson, NCTE. This order was challenged by Shardindu in the High Court contending that he was not on deputation and he was duly selected and appointed under Section 4(3) of the National Council for Teachers' Education Act, 1993 and therefore, he could not be removed as treating him on deputation.

It was also contended that the appointment of the respondent was a pleasure appointment of the President of India under Article 310 of the Constitution of India.

A bench comprising Justices A K Mathur and Tarun Chatterjee, while dismissing the appeal of the government, observed, " As a result of our above discussion, we are of the opinion that the view taken by the High Court of Delhi is correct and there is no ground to interfere with the same. Consequently, the appeal is dismissed. The respondent be restored back in his post and he shall be paid all his dues which are payable to him in accordance with the law. " UNI AKS/SC SG GC2027