Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 136713 (ALL)

C/M, GRAMIN ADARSH JANTA VIDHYALAY, DHIKUNI, HARDOI THRU. MANAGER AMAR NATH TIWARI v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDU. DEPTT. CIVIL SECTT. LKO AND 4 OTHERS

WRIA/4672/2025 · 2025-04-29

Rajesh Singh Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:24379 Court No. - 3 Case :- WRIT - A No. - 4672 of 2025 Petitioner :- C/M, Gramin Adarsh Janta Vidhyalay, Dhikuni, Hardoi Thru. Manager Amar Nath Tiwari Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Deptt. Civil Sectt. Lko And 4 Others Counsel for Petitioner :- O.P. Tiwari Counsel for Respondent :- C.S.C.,Prashant Kumar Singh Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri O.P. Tiwari, learned counsel for the petitioner, Sri Brajendra Singh, learned Addl. Chief Standing Counsel for the State-opposite parties no.1 & 5, Sri Ran Vijay Singh, learned counsel for opposite party no.2 and Sri Prashant Kumar Singh, learned counsel for opposite party no.3. 2. In view of the proposed order, notice to opposite party no.4 is hereby dispensed with. 3. By means of this petition, the petitioner has prayed following main reliefs:- "(i) Issue a writ order or direction in the nature of mandamus commanding and directing the opposite party no. 3 to take decision for grant approval for dismissal to the service of Opposite Party no. 4 within time frame and same is pending since 26.11.2024. (ii) Issue a writ order or direction in the nature of mandamus commanding and directing the opposite parties to permitted to the petitioner for take appropriate disciplinary action against the opposite party no. 4 for committing fraud." 4. Learned counsel for the petitioner has submitted that for redressal of the aforesaid grievance, the petitioner has preferred representation to the competent authority, but to no avail. Learned counsel for the petitioner has also submitted that the petitioner may be permitted to prefer a fresh representation before opposite party no.3 and this Court may direct opposite party no.3 to pass appropriate order strictly in accordance with law. 5. Learned counsel for the opposite parties have no objection if direction for disposal of the representation is issued. 6. Therefore, without entering into merits of the issue, the petitioner is permitted to prefer a fresh representation to opposite party no.3 i.e. District Basic Education Officer, Hardoi taking all pleas and grounds, which are necessary for disposal of the representation and also enclosing the earlier representation, if any, alongwith certified copy of this order within a period of fifteen days from today. If such representation is preferred by the petitioner within the aforesaid stipulated time, the authority concerned shall consider and dispose of the aforesaid representation of the petitioner by speaking and reasoned order, strictly in accordance with law, by affording opportunity of hearing to the petitioner and opposite party no.4, with expedition, say within a period of two months from the date of receipt of the representation and thereafter communicate the decision thereof to the petitioner forthwith. 7. With the aforesaid direction, the writ petition is disposed of finally. [Rajesh Singh Chauhan,J.] Order Date :- 29.4.2025 RBS/- Digitally signed by :- RAM BIR SINGH High Court of Judicature at Allahabad, Lucknow Bench