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2025 DAILYLAW 104332 (ALL)

NARENDRA KUMAR SHARMA v. STATE OF U.P. AND 4 OTHERS

WRIA/15258/2025 · 2025-10-09

Saurabh Shyam Shamshery

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15258 of 2025 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri V.K. Singh, learned Senior Advocate assisted by Sri Samarth Singh, learned counsel for petitioner and Sri Santosh Kumar, learned Standing Counsel for State-Respondents. 2. Undisputedly petitioner was appointed on compassionate ground in the year 1995 and he is now at the verge of retirement since the date of retirement is 31.01.2026. At this belated stage, on basis of a complaint made by one Sri Ajay Kumar Sharma son of Sri Ram Prakash Singh, a show cause notice was issued that petitioner’s appointment was based on forged documents. 3. Learned Senior Advocate for petitioner submits that earlier on similar nature of allegation and on basis of complaint made by same complainant, a show cause notice was issued by District Inspector of Schools on 07.09.2024 and after a detailed inquiry, an Inquiry Report dated 20.09.2024 was submitted whereby petitioner’s appointment was found to be genuine. The said report still holds good. 4. Learned Senior Advocate submits that while issuing impugned show cause notice dated 16.09.2025 there is no reference of inquiry report dated 20.09.2024, therefore, he prays that show cause notice be quashed since it Versus Counsel for Petitioner(s) : Hritudhwaj Pratap Sahi, Samarath Singh Counsel for Respondent(s) : C.S.C. Narendra Kumar Sharma .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) is illegal and without jurisdiction as the District Inspector of Schools has no power to issue said notice and appropriate authority is Director of Education. 5. Learned Standing Counsel appearing for State-Respondents is not able to dispute the above referred position of fact as well as law on basis of material available. 6. In aforesaid circumstances, the present show cause notice is not only contrary to law but it has also not taken note of earlier inquiry conducted by same authority, therefore, on face of it, it is illegal. 7. In view of above, impugned show cause notice dated 16.09.2025 is hereby set aside. The District Inspector of Schools is directed to issue notice to Respondent-5 (Ajay Sharma), why he has repeatedly filed complaint and verify whether complainant has disclosed in fresh complaint about the fact that earlier also he has filed a complaint, whereupon inquiry was conducted and a report was submitted that complaint was false. Petitioner is also at liberty to avail legal remedy against Respondent-5 including civil or criminal, if so advised. 8. The District Inspector of Schools concerned is also put on caution that while issuing any show cause notice he should ascertain whether earlier also some complaint is filed and inquiry was conducted or not as well as call an affidavit from the complainant. 9. With aforesaid observations/ directions, this writ petition is disposed of. October 10, 2025/AK WRIA No. 15258 of 2025 2 (Saurabh Shyam Shamshery,J.) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad