Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14865 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. This writ petition has been filed by the petitioner with a prayer to quash the impugned order dated 25.08.2025 passed by respondent no.5 vide which the petitioner has been removed from the post of officiating headmaster and the said order has been passed in the form of a punishment.
Learned counsel for the petitioner submits that the impugned order has been passed without obtaining the approval of the District Basic Education Officer, as required under the law and the same is in the form of a punishment speaking about the unsatisfactory work of the petitioner. A proper inquiry ought to have been conducted, and an opportunity of hearing should have been afforded to the petitioner prior to the passing of the said
order. He, therefore, submits that the impugned order is illegal, arbitrary, and unsustainable in law. On the other hand, learned Standing Counsel submits that as the respondent no.6 shall be affected by the aforesaid order, therefore, any order may be passed only after affording an opportunity of hearing to the petitioner as well as respondent no.6.
Learned counsel for the parties agree that the present writ petition may be decided at this stage without calling for any further affidavit specially in view of the order proposed to be passed today, as no purpose would be served by keeping the present writ petition pending. In view of the aforesaid, the impugned order dated 25.08.2025 passed by Versus Counsel for Petitioner(s) : Gautam Baghel Counsel for Respondent(s) : C.S.C. Savita Devi .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
respondent no.5 is hereby quashed. The matter is remitted to the respondent no.5, Nagar Palika Balika Junior High School, Banda through its Manager/President of Nagar Palika Parishad, Banda to decide afresh, in accordance with law, strictly on merits, by means of a reasoned and speaking
order, after giving notice and affording an opportunity of hearing to the petitioner as well as respondent no.6, Akanksha Singh D/o Kunwar Bahadur Singh, Assistant Teacher, Nagar Palika Balika Junior High School, Banda, as expeditiously as possible, preferably within a period of six weeks from the date of production of certified copy of this order, if there is no legal impediment. The writ petition stands allowed accordingly. No order as to costs. September 26, 2025 Jitendra/- WRIA No. 14865 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad