THE COMMITTEE OF MANAGEMENT SHRI DAYANAND DEV SWAMI INTER COLLEGE DALUPUR AND ANOTHER v. THE STATE OF U.P. AND 3 OTHERS
WRIA/1126/2025 · 2025-02-16
Prakash Padia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12222 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12222 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:22620 Court No. - 7 Case :- WRIT - A No. - 1126 of 2025 Petitioner :- The Committee Of Management Shri Dayanand Dev Swami Inter College Dalupur And Another Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Nirbhay Singh,Shivendu Ojha,Sr. Advocate Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard learned counsel for parties of both the writ petitions and perused the record.
2. Present writ petition has been filed by the Committee of Management Shri Dayanand Dev Swami Inter College Dalupur inter-alia with the following prayers:-
"(i) Issue a writ, order or direction in the nature of certiorary quashing the impugned order dated 03.01.2025 passed by the District Basic Education Officer-respondent no.3. (ii) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no.4- Rajesh Babu to participate in the enquiry proceeding and submit his reply, only thereafter arrears of salary be released in favour of the opposite party"
3. It is argued by Sri R.K. Ojha, learned Senior Advocate, assisted by Sri Nirbhay Singh, Advocate and Sri Shivendu Ojha, learned counsel for the petitioners that order dated 03.01.2025 passed by the respondent no.3-District Basic Education Officer, District Mainpuri, by which notice was issued to the institution to make payment of arrears of salary to the writ petitioner-Rajesh Babu in Writ-A No. 20094 of 2024, otherwise proceedings will be initiated against the petitioners. It is further argued that pursuant to the
order passed by this Court as stated above, salary as well as arrears of salary was released in favour of writ petitioner-Rajesh Babu in Writ-A No. 20094 of 2024. He further argued that proceedings were initiated against the respondent no.4 and he arrayed as respondent no.4 in Writ-A No. 1126 of 2025. It is further argued that payment of salary to the writ petitioner-Rajesh Babu in Writ-A No. 20094 of 2024 will not restrain the respondent no.3 to conclude the proceedings initiated against respondent no.4-Rajesh Babu. It is also argued that proceedings have already been initiated by the Educational Authority against the respondent no.4.
4. On the facts and circumstances of the case and also in the interest of justice, the present writ petition is finally disposed of,
directing the respondent no.3 to conclude the inquiry initiated against the respondent no.4-Rajesh Babu. Since the payment of salary has already been released by the Educational Authority in favour of respondent no.4-Rajesh Babu, the respondent no.3- District Basic Education Officer, District Mainpuri is directed to pass a fresh order, recalling the order of single operation within a period of ten days from today.
Order Date :- 17.2.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad