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2025 DAILYLAW 167940 (ALL)

RAHMAN v. STATE OF U.P. THRU. ADDL. CHIEF SECY., DEPTT. OF SECONDARY EDUCATION, LUCKNOW AND OTHERS

WRIC/9672/2023 · 2025-09-03

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9672 of 2023 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the parties. 2. The present petition has been filed by the petitioner challenging the order dated 14.10.2023 (Annexure No.1) as well as the order dated 24.08.2023 (Annexure No.2), whereby the directions were issued to the effect that the High School Certificate granted to the petitioner has been cancelled based upon some report. 3. The neat submission of learned counsel for the petitioner is that the petitioner is employed with the Indian Army at Jammu & Kashmir and the orders were passed without even asking for a reply, affording any show cause notice or opportunity of hearing. 4. Prima facie, it appears that both the orders have been passed without even giving opportunity of hearing and without confronting into the inquiry allegedly referred to the order dated 24.08.2023. Finding that the two orders are violative of the principles of natural justice, both the orders are set aside. 5. Respondent No.2 may pass fresh order, if so desired, in accordance with law after giving an opportunity of hearing and the material produced to be relied upon against the petitioner. Versus Counsel for Petitioner(s) : Sheshnath Bhardwaj Advoc, Deepak Dwivedi, Mohd. Salman, Raj Kumar Singh Counsel for Respondent(s) : C.S.C. Rahman .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy., Deptt. Of Secondary Education, Lucknow And Others .....Respondent(s) 6. The petition stands allowed. September 3, 2025 Ashutosh WRIC No. 9672 of 2023 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench