ASHUTOSH PANDEY v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF EDU. BASIC LKO AND 4 OTHERS
WRIA/3351/2025 · 2025-04-04
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130470 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130470 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:18792 Court No. - 3 Case :- WRIT - A No. - 3351 of 2025 Petitioner :- Ashutosh Pandey Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Edu. Basic Lko And 4 Others Counsel for Petitioner :- Durga Prasad Shukla,Vivek Mishra Counsel for Respondent :- C.S.C.,Shailendra Singh Rajawat Hon'ble Rajesh Singh Chauhan,J.
1. Heard Shri Durga Prasad Shukla, learned counsel for the petitioner, Shri Ran Vijay Singh, learned Additional Chief Standing Counsel for the State-respondent and Shri Shailendra Singh Rajawat, learned counsel for the respondent no.2. 2. In view of the proposed order, notice to respondent nos.3, 4 and 5 is hereby dispensed with. 3. By means of the present writ petition, the petitioner has prayed following reliefs:
"i) To issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 01.03.2025 passed by District Basic Education Officer, Amethi as contained in Annexure No. 1 to the writ petition. ii) to issue a writ, order or direction in the nature of Mandamus commanding the opposite parties not to give effect to the impugned order dated 01.03.2025 passed by District Basic Education Officer, Amethi as contained in Annexure No. 1 to the writ petition. iii) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties to allow petitioner to work on the post of Assistant Teacher, in Primary School Amethi, District and Block Amethi and pay him salary regularly as has been paid earlier."
4. Shri Shailendra Singh Rajawat, learned counsel for the respondent no.2 has shown a copy of the charge sheet dated 20.03.2025 and a copy thereof has been provided to learned counsel for the petitioner, wherein some evidences have been shown along with all the charges. 5. On that learned counsel for the petitioner has stated that copy of charge sheet has not been provided to the petitioner till date, therefore, copy of relied upon documents have not been provided. 6. Shri Shailendra Singh Rajawat has stated that copy of the
aforesaid charge sheet along with all relied upon documents would be served upon the petitioner within a period of three days. 7. In view of above facts, this writ petition is disposed of with the observation that the petitioner shall not deny to accept the charge sheet and relied upon documents.
As soon as the copy of charge sheet along with relied upon documents are served upon the petitioner, he shall submit his defence/reply to the charge sheet within a period of fifteen days. Thereafter the departmental inquiry may be conducted and concluded within a period of six weeks and inquiry report shall be submitted before the Disciplinary Authority, who may take decision strictly in accordance with law by affording opportunity of hearing to the petitioner. 8. It is needless to say that the petitioner shall cooperate in the departmental proceedings so that the departmental proceedings could be conducted strictly in accordance with law by affording him opportunity of hearing. If the departmental inquiry is not concluded within a period of six weeks from the receipt of the defence/reply, the impugned suspension order dated 01.03.2025 shall be revoked and in that case, departmental inquiry may go on and final order may be passed. Order Date :- 4.4.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench