Neutral Citation No. - 2025:AHC-LKO:16682 Court No. - 3 Case :- WRIT - A No. - 3075 of 2025 Petitioner :- Smt. Meena Singh Respondent :- State Of U.P. Thru. Prin. Secy. Basic Education Lko. And 5 Others Counsel for Petitioner :- Santosh Kumar Gupta Counsel for Respondent :- C.S.C.,Rishabh Tripathi Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Santosh Kumar Gupta, learned counsel for the petitioner, Sri Ravi Shankar Tiwari, learned Addl. Chief Standing Counsel for the State- opposite parties no.1 to 5 and Sri Arun Kumar Singh, holding brief of Sri Rishabh Tripathi, learned counsel for opposite party no.6 i.e. District Basic Education Officer, Balrampur. 2. By means of this petition, the petitioner has assailed the order dated 21.02.2025 passed by opposite party no.6 i.e. District Basic Education Officer, Balrampur awarding punishment to the petitioner, who is serving on the post of Head Master in Composite School Gangapur Lakhna, District- Balrampur withholding her one increment of salary and transferring her from one Institution to another Institution. 3. The basic premise to assail the aforesaid order is the Government Order dated 07.09.2009 (Annexure No.2) issued by the Secretary, Basic Education Department, U.P., Lucknow addressing to all the District Magistrates, U.P. providing the modalities and fixation of responsibilities to the persons, if Mid-day Meal is not properly regulated and the benefit thereof is not provided to the children. Para-4 of the aforesaid Government Order categorically provides that in case there is any irregularity in respect of providing mid-day meals to the children, the District Basic Education Officer concerned shall collect the complete information to that effect and send the same to the District Magistrate of the district and the District Magistrate of the district may take appropriate administrative action against such erring person. 4. In the present case, the impugned order has been passed by the District Basic Education Officer, Balrampur whereas in terms of the aforesaid Government Order, such order could have been passed by the District Magistrate concerned. 5. Learned counsel for the District Basic Education Officer, on the basis of instructions, has submitted that in terms of Government Order dated 07.09.2009, such order should have been passed by the District Magistrate concerned. 6. Learned counsel for the petitioner has stated that the aforesaid Government Order dated 07.09.2009 has been referred in the impugned order dated 21.02.2025 but compliance thereof has not been made inasmuch as the aforesaid impugned order has been passed in contravention of para-4 of the aforesaid Government Order. 7. Having considered the arguments of learned counsel for the parties and having perused the impugned order as well as the Government Order dated 07.09.2009, prima facie, it appears that the impugned order dated 21.02.2025 is without jurisdictional order as it should have been passed by the District Magistrate concerned. Therefore, at the admission stage, I hereby set aside the aforesaid impugned order dated 21.02.2025 (Annexure No.1) passed by the District Basic Education Officer, Balrampur giving liberty to the competent authority to pass appropriate order, strictly in accordance with law, if it is so required, but after affording an opportunity of hearing to the petitioner. 8. It is needless to say that since the impugned order dated 21.02.2025 has been set aside, therefore, till passing of any fresh order in terms of this order, status quo ante shall be maintained. 9. Accordingly, the writ petition is allowed. [Rajesh Singh Chauhan,J.] Order Date :- 24.3.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench