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2025 DAILYLAW 186414 (ALL)

PAWAN KUMAR SHUKLA v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDUCATION DEPTT. LKO. AND 3 OTHERS

WRIA/13476/2025 · 2025-11-20

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13476 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard Mr. Kuldeep Singh Kalhans, learned counsel for the petitioner, Dr. Uday Veer Singh, learned counsel for 2 to 4, Mr. Ashutosh Mishra, learned Additional Chief Standing Counsel for the State and perused the record. The present writ petition has been filed challenging the impugned order dated 24.07.2025. The contention of learned counsel appearing for the petitioner is that the order impugned dated 24.07.2025 and subsequent, thereof, the letter dated 11.08.2025 to the extent of stoppage of two annual increments have been passed without following the procedure of law. He submits that in fact the two increments have been witheld by way of passing the order dated 24.07.2025, which awards to major punishement and since no enquiry has been contemplated and done in-pursuant to the provision of the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999 read with U.P. Basic Education Staff Rules, 1973, therefore, the order dated 24.07.2025 vitiates in the eyes of law. He further argued that the order/letter dated 11.08.2025 has been passed on the premises of the order dated 24.07.2025 and that has become stigmatic, thus, the same is unsustainable in the eyes of law. On the other hand, Dr. Uday Veer Singh, counsel for the respondent nos. 2 to 4 has opposed the contentions aforesaid and submits that the impugned order has rightly been passed. Versus Counsel for Petitioner(s) : Kuldeep Singh Kalhans, Danish Ansari Counsel for Respondent(s) : C.S.C., Uday Veer Singh Pawan Kumar Shukla .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Basic Education Deptt. Lko. And 3 Others .....Respondent(s) Considering the submissions of counsel for the parties and after perusal of the records, it transpires that the order dated 24.07.2025 was passed, by virtue of which two increments of the petitioner has been withheld. This Court is aware of that withholding the two increments, is amount to awarding the major punishment and without conducting the full-fledged enquiry as provided under the U.P. Basic Education Staff Rules, 1973, the same is impermissible. This Court has further noticed the letter dated 11.08.2025, wherein, the whole scenario is mentioned while adjusting/posting the petitioner at Lonawa Dargah Vikas Khand Nagar Chetra Rupaidiha, which seems to be passed, considering the order dated 24.07.2025. This order prima facie seems to be stigmatic. Consequently, the orders impugned dated 24.11.2025 and 11.08.2025 are hereby quashed. Consequences to be followed. The writ petition is allowed at the admission stage. Needless to say that it is open for the authorities to proceed against the petitioner, in accordance with law. November 20, 2025 Mayank WRIA No. 13476 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench