Neutral Citation No. - 2025:AHC-LKO:10915 Court No. - 5 Case :- WRIT - A No. - 1764 of 2025 Petitioner :- Smt. Vijay Luxmi Jaiswal Respondent :- State Of U.P. Thru. Addl. Secy. Deptt. Basic Edu. Lko And 2 Others Counsel for Petitioner :- Rama Pati Shukla Counsel for Respondent :- C.S.C.,Shailendra Singh Rajawat Hon'ble Abdul Moin,J. 1. Heard learned counsel for the petitioner, learned Standing Counsel for respondent no. 1 and Shri Shailendra Singh Rajawat, learned counsel for the respondents no. 2 to 3. 2. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided. 3. The instant writ petition has been filed praying for the following main reliefs: "(I) issue writ, order or direction in the nature of certiorari quashing the impugned order dated 24.12.2024 contained in (annexure 1 and 2) passed by the respondent no. 2. (ii) issue writ, order or direction in the nature of mandamus commanding the respondents not to disturb the petitioner from working as Headmaster in Primary School Rajgarh, Block Gauriganj, district Amethi." 4. The short question involved in this writ petition has already been set forth by this Court in order dated 12.02.2025, which for the sake of convenience is reproduced below: "Sri Shailendra Singh Rajawat, learned counsel for the respondent no. 2 prays for and is granted a week's time to seek instructions in the matter as to whether any charge sheet was issued to the petitioner for major penalty and if so, as to when the inquiry report was drawn up and whether the same was supplied to the petitioner and if any, date, time and place of inquiry was fixed prior to holding the petitioner guilty of the charges. List this case in the next week as fresh. " 5. Today Shailendra Singh Rajawat, learned counsel for the respondents no. 2 to 3 states on the basis of instructions sent by the B.S.A. Amethi dated nil received by him on 18.02.2025 that the inquiry report was never been served on the petitioner and neither any date, time and place of inquiry was fixed prior to holding the petitioner guilty of charges. 6. Considering the aforesaid, it is thus apparent that the order impugned per which the petitioner has been punished are vitiated. Accordingly, the writ petition is allowed. The orders impugned dated 24.12.2024 and 24.12.2024, copies of which are annexures 1 and 2 to the writ petition, are quashed. 7. It would be open for the respondents to serve a copy of the inquiry report within a period of two weeks from today to the petitioner and the petitioner shall submit his reply within next two weeks. Thereafter the disciplinary authority shall proceed to pass an order upon the same. 8. Consequences of the orders being set aside would be subject to the order passed by the competent authority in pursuance to this order. Order Date :- 19.2.2025 J. K. Dinkar Digitally signed by :- JESHU KUMAR DINKAR High Court of Judicature at Allahabad, Lucknow Bench