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Neutral Citation No. - 2025:AHC:36255 Court No. - 10 Case :- WRIT - A No. - 3131 of 2025 Petitioner :- Bansh Narayan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kushmondeya Shahi,Sushil Kumar Kushwaha Counsel for Respondent :- Abhai Kumar Singh,C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Kushmondeya Shahi, learned counsel for petitioner and Sri Abhay Kumar Singh, Advocate for Respondent-College.
2. This is second round of litigation. In earlier round this Court passed following
order on 27.01.2025:
“1. Heard Sri Ramesh Singh Kushwaha, learned counsel for the petitioner and Sri A.K.Singh Nagwanshi, learned Additional Chief Standing Counsel.
2. Learned counsel for the petitioner submitted that there is a specific direction of DIOS, Kushinagar to the Committee of Management of concerned College that petitioner being the senior most teacher is entitled for joining on the post of Officiating Principal and he refers a letter dated 9.9.2024 in this regard, but still Manager has not forwarded the same.
3. Learned Standing Counsel has also supported the above referred prayer of the petitioner.
4. In the aforesaid circumstances, this writ petition is disposed of with a direction that Committee of Management of the College concerned will ensure the joining of petitioner on the post of Officiating Principal and in case there is any legal impediment, same shall be communicated to the petitioner within a short period.
5. Registrar (Compliance) to take steps.”
3. A special appeal has been filed by Committee of Management against above referred order, which is pending though no interim order has been passed therein.
4. Learned counsel for petitioner submits that meanwhile by means of impugned
order dated 11.02.2025 Committee of Management has declined to permit petitioner to join.
5. Learned counsel appearing for Respondent-College submits that there are legal
impediments that not only proposal for termination of petitioner has been referred to Board, however, outcome of it is not on record but a charge under Section 406 IPC is also filed against petitioner.
6. In aforesaid circumstances, this Court is of the view that legal impediments are not justified since neither petitioner is under suspension nor his termination is still approved.
7. In view of above, this writ petition is disposed of with observation that concerned respondent may allow petitioner to join on the post of Officiating Principal within a period of two weeks from today, which will be subject to outcome of special appeal or any otherwise order passed therein. So far as approval of termination of petitioner is concerned, since now power is delegated to District Inspector of Schools, therefore, District Inspector of Schools, Kushinagar is
directed to take a decision expeditiously, preferably within a period of four weeks from today. Salary of petitioner if not paid, the same be paid to him after requisite verification.
Order Date :- 12.3.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad