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2025 DAILYLAW 179612 (ALL)

PRABHA JAISWAL v. STATE OF U.P. THRU. SECY. BASIC EDU. LKO. AND 3 OTHERS

WRIA/13125/2025 · 2025-11-13

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13125 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. R.S. Tiwari, learned counsel for the respondent no.1 and Mr. Arun Kumar Singh, Advocate holding brief of Mr. Rishabh Tripathi, learned counsel for the respondent nos. 2 and 3. Notice to the respondent no.4 is dispensed with as the writ petition is being decided at the admission stage itself. By means of the present petition, the petitioner has prayed for the following reliefs:- "1. Issue a writ order or direction in the nature of certiorari to quash the notice dated 01.11.2025 issued by respondent no.2 based on vague baseless, without merit, and devoid of truth as Annexure No.1 notice dated 01.11.2025. II. Issue a writ order or direction in the nature of mandamus commanding the opposite parties to consider the objection/ explanation dated 06.11.2025 submitted by the petitioner before passing any order in pursuance of notice dated 01.11.2025. III. Issue a writ order or direction in the nature of mandamus commanding the opposite party No. 2 & 3 before passing any order, it should be considered how certain individuals, out of personal resentment, have conspired against the petitioner and are attempting to have him removed from his job." Contention of the learned counsel for the petitioner is that the petitioner was appointed as Shiksha Mitra at Primary Vidyalaya, Gangapur Shekharpur, Versus Counsel for Petitioner(s) : Mahendra Pal Chauhan Counsel for Respondent(s) : C.S.C., Pankaj Gupta, Rishabh Tripathi Prabha Jaiswal .....Petitioner(s) State Of U.P. Thru. Secy. Basic Edu. Lko. And 3 Others .....Respondent(s) Development Block Balrampur, District Balrampur Nagar and once the petitioner sent a notice dated 26.9.2025 through his counsel, the authorities became annoyed and started enquiry against him. He submitted that the petitioner received impugned notice dated 1.11.2025 though there is no truthfulness in the same and that has been prepared and sent under malice. He further submitted that the petitioner replied on 6.11.2025 to the notice dated 1.11.2025 and he appeared on 12.11.2025 but that has not been noticed. He submitted that the interest of justice would be subserved if the District Basic Education Officer, Balrampur is directed to conclude the enquiry within stipulated period of time as may be fixed by this Court. Learned counsel for the respondents have no objection to the submission aforesaid. Upon considering the submissions of the learned counsel for the parties, it is apparent that notice has been issued and in compliance thereof, the petitioner appeared and filed his reply on 6.11.2025 to the notice dated 1.11.2025. The enquiry has still not been concluded. In view of the aforesaid, the District Basic Education Officer, Balrampur is directed to conclude the enquiry within three weeks from the date of production of certified copy of this order before him. The District Basic Education Officer, Balrampur shall ensure that no injustice is caused to the petitioner. With the aforesaid observations, present petition is disposed of. November 13, 2025 Ram Murti WRIA No. 13125 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench