Neutral Citation No. - 2025:AHC-LKO:20309 Court No. - 3 Case :- WRIT - A No. - 3890 of 2025 Petitioner :- Devendra Kumar Shukla Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education Lko. And 3 Others Counsel for Petitioner :- Amit Kumar Singh Counsel for Respondent :- C.S.C.,Shailendra Singh Rajawat Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Amit Kumar Singh, learned counsel for the petitioner and Sri Amit Kumar Rai, Addl. Chief Standing Counsel for opposite parties No.1 to 3. 2. Sri S.S. Rajawat, learned counsel has accepted notice for opposite party No.4 i.e. District Basic Education Officer, Sultanpur. 3. Learned counsel for the petitioner is permitted to implead the Secretary Board of Basic Education, Prayagraj as opposite party No.5 during the course of the day and copy of the writ petition will be provided to Sri Ran Vijay Singh, learned counsel appearing for newly impleaded opposite party. 4. By means of this petition, petitioner as assailed the order dated 09.11.2023 passed by District Basic Education Officer/opposite party No.4 (Annexure-1) providing major punishment to the petitioner, i.e. withholding one increment of salary of the petitioner with cumulative effect. 5. Learned counsel has stated that the aforesaid punishment order has been passed on the basis of inquiry report dated 09.11.2023, which has been indicated in the impugned order itself, therefore, it is clear that the impugned major punishment has been passed without issuing show cause notice to the petitioner, providing him copy of the inquiry report, which is mandatory as per trite law. 5. Sri S.S. Rajawat has informed that the aforesaid punishment order is an appealable order under rule 5 of the U.P. Basic Education Staff Rules, 1973, as the petitioner has filed an application dated 19.10.2024 to Secretary Board of Basic Education Prayagraj U.P., therefore, the direction may be issued to decide such representation treating the same as appeal. 6. Since, the petitioner has approached the appellate authority by preferring the representation dated 19.10.2024, therefore the Secretary Board of Education Prayagraj is directed to consider and decide the aforesaid representation treating the same as appeal with expedition preferably within a period of eight weeks from the production of certified copy of the order of this Court and decision thereof may be intimated to the petitioner forthwith. 7. It is needless to say that while submitting the certified copy of the order of this Court, the petitioner may enclose one fresh representation taking all pleas and grounds which are available to him including therewith the copy of earlier representation dated 19.10.2024, so that the appropriate decision could be taken by the Secretary Board of Basic Education, Prayagraj strictly in accordance with law. 8. This writ petition is disposed of, in view of the aforesaid terms. Order Date :- 10.4.2025 Reena/- (Rajesh Singh Chauhan,J.) Digitally signed by :- REENA KANNAUJIYA High Court of Judicature at Allahabad, Lucknow Bench