Neutral Citation No. - 2025:AHC-LKO:19826 Court No. - 3 Case :- WRIT - A No. - 3900 of 2022 Petitioner :- Dr. Mahendra Nath Rai Respondent :- State Of U.P. Thru. Addl. Chief Secy. Secondary Education Deptt. And 7 Others Counsel for Petitioner :- Meenakshi Singh Parihar,Apoorv Dev,Prashant Kumar Singh Counsel for Respondent :- C.S.C.,Om Prakash Mani Tripathi,R.K.Suryavanshi,Ratnesh Chandra Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri H.G.S. Parihar, learned Senior Advocate assisted by Sri Prashant Kumar Singh, learned counsel for the petitioner, Sri Vivek Shukla, learned Additional Chief Standing Counsel for the State-respondents, Sri Ratnesh Chandra, learned counsel for the opposite party Nos.6, 7 & 8 and Sri R.K.S. Suryavanshi, learned counsel for the opposite party No.9. 2. By means of this writ petition, the petitioner has prayed for the following reliefs:- "(i) to issue a writ, order or direction in the nature of certiorari quashing the impugned resolution No.1 (5) passed by the alleged Committee of Management of the College in its meeting dated 25.05.2022 and also the suspension order dated 09.06.2022 passed by the opposite party No.8, as contained in Annexure Nos. 1 & 2, respectively to this writ petition. (ii) to issue a writ, order or direction in the nature of mandamus restraining the opposite parties from initiating any disciplinary proceedings against the petitioner on the basis of impugned resolution No.1 (5) dated 25.05.2022 and the order of suspension dated 09.06.2022, as contained in Annexure Nos.1 & 2, respectively to this writ petition. (iii) to issue a writ, order or direction in the nature of mandamus commanding the opposite parties to allow the petitioner to continue on the post on which he was working prior to his suspension and pay him salary and allowances as and when it becomes due to the petitioner. (iv) to issue a writ, order or direction in the nature of certiorari quashing the impugned resolution dated 25.05.2022 passed by the opposite party No.7, charge-sheet dated 21.06.2022 and the order dated 01.07.2022 passed by the opposite party No.4, as contained in Annexure Nos.19, 20 & 21 to the writ petition." 3. Sri Parihar, learned Senior Advocate has submitted that the petitioner is under suspension with effect from 09.06.2022 and till date no appropriate decision has been taken by the Competent Authorities. 4. Learned Additional Chief Standing Counsel has stated that the District Inspector of Schools, Lucknow (here-in-after referred to as the "DIOS") has sent the resolution to the opposite party No.9 i.e. U.P. Secondary Education Service Selection Board, Prayagraj on 16.08.2023, as has been informed by means of instructions letter dated 17.08.2024 of the DIOS, Lucknow, which is taken on record. 5. Sri R.K.S. Suryavanshi has shown a copy of letter dated 18.07.2024 preferred by the opposite party No.9 to the DIOS, Lucknow sending back the proposal etc. of three employees including the present petitioner for the reason that new U.P. Education Service Selection Commission Act, 2023 (U.P. Act No.15 of 2023) (here-in-after referred to as the "Commission Act, 2023") has been notified on 21.08.2023. The letter dated 18.07.2024 is taken on record. 6. Sri Ratnesh Chandra, learned counsel for the Educational Institution has referred Section 26 of the Commission Act, 2023. Section 26 of the Commission Act, 2023 provides that to make the Commission function practically, the staff of the Uttar Pradesh Higher Education Service Commission and the Uttar Pradesh Secondary Education Service Selection Board will be transferred to the Commission. In the course of time, after the abolition of the Uttar Pradesh Higher Education Service Commission and Uttar Pradesh Secondary Education Service Selection Board, any matter pending before them, their assets, loans, liabilities, obligations and services of full-time employees will be transferred to the Commission. Therefore, Sri Ratnesh Chandra has submitted that appropriate decision would be taken by the Uttar Pradesh Education Service Selection Commission. 7. Be that as it may, since the appropriate decision is to be taken by the Uttar Pradesh Education Service Selection Commission, therefore, the matter is remanded back to the Selection Commission to whom Sri R.K.S. Suryavanshi is representing to take appropriate decision in the issue of the petitioner within a period of two months from the date of presentation of a certified copy of this order, strictly in accordance with law by affording an opportunity of hearing to all parties concerned. Failing which, the suspension order of the petitioner shall be revoked and the petitioner would be entitled for consequential benefits. 8. The instant writ petition is disposed of finally in view of the aforesaid terms. 9. Since this writ petition has been decided only on the aforesaid grounds that no appropriate decision has been taken by the Competent Authority, therefore, it is left open to the petitioner to raise his other grievance, so raise in the writ petition, at appropriate stage which is provided under law. 10. The DIOS, Lucknow is directed to send back all the relevant papers including the proposal etc. to the Selection Commission within a week. [Rajesh Singh Chauhan,J.] Order Date :- 8.4.2025 Suresh/ Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench