Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 9135 of 2023 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J.
1. Heard Sri R.K.S. Kaoshik and Sri D.K. Singh, learned Additional CSC for State. 2. This Court has passed following interim order on 24.05.2023 :-
"Heard Sri R.K.Singh Kaosik,, learned counsel for the petitioner, Sri K.Pandey, learned counsel for the complainant and learned Standing Counsel for the State respondents. The argument advanced by learned counsel for the petitioner is that there is no power of review available to be exercised by Deputy Director of Education under the Intermediate Education Act, 1921 or under the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971 and in spite of that he has come to review his earlier order dated 29.03.2023, wherein, he had directed to continue payment of salary to the petitioner till the outcome of the enquiry which was pending at the stage of State Government by passing another order to the effect that he was cancelling his earlier order. It is argued that no fraud or misrepresentation on the part of petitioner has been reported in the order so as to justify such an exercise of recall or review. Prima facie, therefore, the argument advanced by learned counsel for the petitioner appears to have substances and matter requires consideration. Learned Standing Counsel appearing for respondent nos. 1 to 3 prays for Versus Counsel for Petitioner(s) : R. K. Singh Kaosik Counsel for Respondent(s) : CSC, Prabhakar Awasthi Ashok Kumar Mishra .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
and is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. Issue notice to respondent no. 4 returnable within eight weeks. Steps for service be taken within two weeks. List on the date indicated in the notice. Learned counsel for the complainant may also file impleadment application if so advised. In the meanwhile until further orders of this Court, the effect and operation of the order dated 29.03.2023, shall remain stayed and so also the consequential order passed by the District Inspector of Schools dated 29.03.2023 shall remain stayed. Arrears of salary of the petitioner that has remained unpaid, shall be released in favour of the petitioner and payment thereof shall abide by result of the writ petition. "
3.
Learned counsel for petitioner submits that subsequently inquiry has been concluded on 23.07.2025, however, copy of same is not on record. 4. Taking note of aforesaid submissions and in the light of interim order, this writ petition is disposed of with an observation that in case there is no legal impediment and outcome of inquiry is not against the petitioner, legal consequence of above referred interim order will follow. March 18, 2026 N. Sinha WRIA No. 9135 of 2023 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad