RAJ KUMAR SINGH RAGHAV v. STATE OF U.P. AND 2 OTHERS
WRIA/2260/2025 · 2025-03-20
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21411 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21411 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41779 Court No. - 6 Case :- WRIT - A No. - 2260 of 2025 Petitioner :- Raj Kumar Singh Raghav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Counsel for Respondent :- C.S.C.,Yatindra Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Ajay Kumar, learned counsel for petitioner and Sri Yatindra, learned counsel for respondents.
2. Petitioner was put under suspension by an order dated 01.02.2025 and he was terminated with a direction to attach with Higher Primary School, Baroda, Development Area- Shikarpur and petitioner has challenged said order in this writ petition.
3. This Court has passed following order on 10.03.2025 :-
“1. Vide order dated 01.02.2025 passed by the respondent
no.2-District
Basic
Education Officer, Bulandshaha, the petitioner was placed under suspension.
2. By the aforesaid order, the petitioner was attached with Uchcha Prathamik Vidyalaya Baroda, Vikas Kshetra Shikarpur, District Bulandshahar.
3. It is argued by Sri Yatindra, learned counsel appearing on behalf of the respondent nos. 2 and 3 that in-spite of the fact that more than five weeks have lapsed, but the petitioner has not submitted his joining report in the institution concerned. It is further argued that after the
order of suspension has been passed against the petitioner, charge sheet has been issued by the inquiry officer on 18.02.2025 by which petitioner was directed to submit his reply, but till date no reply has been submitted. It is argued that when the reply was sought for, it is informed by the learned counsel for the
petitioner that he has filed writ petition before this Court.
4. Heard learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the State-respondent and perused the record.
5. In the facts and circumstances of the case, petitioner is directed to file his personal affidavit that why disciplinary proceedings may not be initiated against the petitioner for not submitting his joining report where he was attached vide order dated 01.02.2025. The aforesaid reply be submitted within a week.
6. Learned counsel for the petitioner is
directed to file supplementary affidavit in this regard within a week.
7. Put up as fresh on 21.03.2025.
8. In case, petitioner has not submitted his joining report within the time stipulated where he was attached vide order dated 01.02.2025, the Educational Authorities are free to initiate disciplinary proceeding as prescribed under law.”
4. Learned counsel for petitioner, on basis of written instructions, submits that petitioner has joined Higher Primary School, Baroda, Development Area- Shikarpur on
12.03.2025.
5. Learned counsel further submits that in pursuance of notice dated 28.01.2025, petitioner has submitted his reply and on 31.01.2025, petitioner appeared before concerned respondent.
6. Learned counsel further submits that reply of petitioner was not considered and impugned order dated 01.02.2025 was passed whereby petitioner was put under suspension and he further submits that no reason has been assigned in impugned order whether reply was satisfactory or not.
7. Learned counsel for respondents submits that a charge- sheet has been served to petitioner on 18.02.2025 and according to learned counsel for petitioner, a reply has
been filed on 17.03.2025.
8. Considering aforesaid submissions and taking note of allegations that he has not put absence of teachers and Shiksha Mitra and uploaded the information, therefore, without going into further merit of case, this writ petition is disposed of with an observation that in case inquiry is not concluded finally with cooperation of petitioner within 7 weeks from today, order of suspension dated 01.02.2025 shall be deemed to be kept in abeyance.
Order Date :- 21.3.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad