ABHAY KUMAR SINGH v. STATE OF U.P. THRU. ITS ADDL. CHIEF SECY. BASIC EDUCATION AND 2 OTHERS
WRIA/4228/2025 · 2025-04-21
Rajesh Singh Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134834 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134834 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:22322 Court No. - 3 Case :- WRIT - A No. - 4228 of 2025 Petitioner :- Abhay Kumar Singh Respondent :- State Of U.P. Thru. Its Addl. Chief Secy. Basic Education And 2 Others Counsel for Petitioner :- Anu Pratap Singh,Vinod Kumar Singh Counsel for Respondent :- C.S.C.,Rishabh Tripathi Hon'ble Rajesh Singh Chauhan,J.
1. Heard Sri Anu Pratap Singh, learned counsel for the petitioner, Sri G.K. Singh, learned Standing Counsel for State-opposite party nos. 1 and 3 and Sri Arun Kumar Singh, Advocate holding brief of Sri Rishabh Tripathi, learned counsel for opposite party no.2.
2. By means of present writ petition, petitioner has prayed for following reliefs :
"I. issue of a writ, order or direction in the nature of certiorari quashing the order dated 24.03.2025 passed by opposite party no.2 as contained in Annexure No.1 to this writ petition. II. issue of a writ, order or direction in the nature of mandamus commanding opposite party no.2 to pay regular salary to the petitioner for the post of Assistant Teacher, regularly."
3. Attention has been drawn towards Annexure-1 which is a show-cause notice dated 24.03.2025 issued by District Basic Education Officer, Sitapur seeking explanation from the petitioner in respect of handicapped certificate which was issued by the Chief Medical Officer, Azamgarh saying that the aforesaid handicapped certificate was re-examined by King George's Medical University, Lucknow by examining the petitioner also wherein he was not found to be handicapped person. Learned counsel for the petitioner has stated that though the aforesaid show-cause notice has been issued on 24.03.2025 but the salary of the petitioner for the post of Assistant Teacher has been stopped without waiting the explanation of the petitioner. The petitioner submitted his detailed explanation on 29.03.2025 showing his bona fide, however no decision has been taken on said explanation of the petitioner.
4. Learned counsel appearing for the District Basic Education Officer, Sitapur has also submitted that on the aforesaid explanation of the petitioner dated 29.03.2025, no decision has been taken and and any appropriate decision cannot be taken at the earliest. On being asked from the learned counsel for respondent no.2 (District Basic Education Officer, Sitapur) to the effect that in the garb of show-cause notice without taking final decision on the explanation of the petitioner as to how the salary of the petitioner has been stopped,
learned counsel for District Basic Education Officer, Sitapur could not explain properly.
5. Therefore, considering the aforesaid
submissions of the learned counsel for the parties, I hereby finally dispose off this petition at the admission stage directing the District Basic Education Officer, Sitapur to take an appropriate decision on the explanation of the petitioner dated 29.03.2025 by affording him an opportunity of hearing but, till a final decision is taken by the District Basic Education Officer, Sitapur, the impugned show-cause notice dated 24.03.2025 shall be kept in abeyance so far as it stopped the salary of the petitioner. It is clarified that till a final decision is taken on the explanation of the petitioner, he shall be paid his salary.
6. The writ petition is disposed of in terms of above.
Order Date :- 21.4.2025. Rks. Digitally signed by :- RAJESH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench