Neutral Citation No. - 2025:AHC:27055 Court No. - 7 Case :- WRIT - A No. - 2463 of 2025 Petitioner :- Smt. Shanti Bai/Shanti Sadh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gaurav Gautam,Vijay Kumar Maurya Counsel for Respondent :- C.S.C.,Shashi Prakash Rai Hon'ble Prakash Padia,J. 1. Heard Shri Gaurav Gautam, leaned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of Respondent No. 1 and Shri S.P. Rai, learned counsel appearing on behalf of Respondent Nos. 2, 3 & 4. 2. The petitioner has preferred the present writ petition inter-alias with the prayer to quash the order dated 06.02.2025 passed by Respondent No. 3/ District Basic Education Officer, Lalitpur. By the aforesaid order, the minor punishment has been awarded to the petitioner namely withholding of one increment along with transfer of the petitioner from Junior High School Jijyavan, Jakhaura to Junior High School, Nauharkalan, District Lalitpur. 3. Facts in brief as contained in the writ petition are that the petitioner was placed under suspension vide order dated 30.09.2024. The aforesaid suspension order was revoked and the petitioner was reinstated in service vide order dated 06.02.2025. While revoking the order of suspension, a minor punishment has been awarded to the petitioner namely withholding an increments for specified period. 4. Apart from the same, petitioner was transferred from Junior High School Jijyavan, Jakhaura to Junior High School, Nauharkalan, District Lalitpur. It is argued that the punishment has been awarded to the petitioner without following any procedure prescribed in law. It is further argued that once the order of suspension has been revoked, there was no occasion for the Respondent No. 3 to transfer the petitioner from one institution to another institution. It is further argued that order has been passed in peculiar manner and without providing any reasons. 5. From perusal of the record, it transpires that order of suspension has been passed against the petitioner dated 30.09.2024 has already been revoked by the order dated 06.02.2025 passed by the Respondent No. 3. While revoking the aforesaid order, a minor punishment has been awarded and the petitioner was transferred from one institution to another institution. 6. It is argued by Shri Shashi Prakash Rai, learned counsel appearing on behalf of Respondent No.3 that transfer order has been passed against the petitioner in terms of the Government Order issued by the State Government from time to time. It is further argued that in case the petitioner is aggrieved against the minor punishment awarded to him, he is a remedy to file an appeal before the Higher Authority namely the Secretary, U.P. Basic Education Board, Prayagraj / Respondent No.2 in the present writ petition as per Rule 11 of the U.P. Government Servant (Discipline and Appeal), Rules 1999. 7. Heard counsel for the parties present and perused the record. 8. With the consent of the counsel for the parties, the present writ petition is disposed of finally directing the petitioner to file an appeal before the Respondent No. 2/ Secretary, U.P. Basic Education Board, Prayagraj against the order of punishment dated 06.02.2025. If such appeal is filed within a period of three weeks from today, the Respondent No. 2 will decide the same, strictly in accordance with law within a period of three months thereafter. 9. For a period of four months or till the time the decision is taken by the Respondent No. 2 whichever is earlier, the transfer of the petitioner from Junior High School Jijyavan, Jakhaura to Junior High School, Nauharkalan, District Lalitpur shall remain stayed. Order Date :- 27.2.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad