Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:17981 Court No. - 7 Case :- WRIT - A No. - 1527 of 2025 Petitioner :- Babu Hasan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Marjeet Mishra,Surendra Kumar Chaubey Counsel for Respondent :- C.S.C.,Yatindra Hon'ble Prakash Padia,J.
1. In the preset writ petition, the order dated 09.01.2025 passed by the respondent no.3- District Basic Education Officer, Shamli as well as consequential order dated 15.01.2025 passed by the respondent no.4-Block Education Officer, Block Unn, District Shamli are under challenge.
2. It is argued by the learned counsel for the petitioner that by
order dated 09.01.2025 passed by the respondent no.3, petitioner was placed under suspension and by subsequent order dated 15.01.2025 passed by the respondent no.4, petitioner was directed to deposit a sum of Rs. 05,10.371/- in the Treasury Account of the respondents within a period of 15 days. It is further argued that once order of suspension has been passed in respect of making certain allegation regarding financial embezzlement, which is still pending consideration, as such there is no occasion for the respondent no.4 to direct the petitioner to deposit the aforesaid amount in question.
3. Heard Sri Surendra Kumar Chaubey, along with Sri Marjeet Mishra, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the respondent no.1 and Sri Yatindra, learned counsel appearing on behalf of the respondent nos. 2,3, and 4.
4. From the perusal of record, it transpires that the order of recovery passed by the respondent no.4 dated 15.01.2025 is perse illegal and it is hereby set aside. So far as the order of suspension dated 09.1.2025 passed by the respondent no.3 is concerned, the disciplinary authority is directed conclude the inquiry initiated against the petitioner in accordance with law, most expeditiously and preferably within a period of three months from today. Needless to say that petitioner will co-operate in the inquiry
proceeding.
5. Sri Yatindra, learned counsel appearing on behalf of the respondent nos. 2,3, and 4 is directed to communicate about this
order in writing to the authorities concerned within a week.
6. With the above observation, the present writ petition is disposed of.
Order Date :- 7.2.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad