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2025 DAILYLAW 36049 (ALL)

JITENDRA KUMAR YADAV v. STATE OF U.P. AND 3 OTHERS

WRIA/4413/2025 · 2025-04-08

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51196 Court No. - 6 Case :- WRIT - A No. - 4413 of 2025 Petitioner :- Jitendra Kumar Yadav Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Narendra Kumar Counsel for Respondent :- Ashish Kumar (Nagvanshi),C.S.C. Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Narendra Kumar, learned counsel for the petitioner and Sri Ashish Kumar Nagvanshi, learned Additional Chief Standing Counsel. 2. Petitioner is aggrieved that District Basic Education Officer, Deoria vide order dated 24.2.2025 on basis of certain allegations without conducting any inquiry, punishment order was passed, whereby it was decided to cut salary of petitioner for one day and reply was sought from the petitioner within three days. 3. In pursuance of aforesaid order, petitioner has not filed any reply since on the same day another order was passed, whereby petitioner was put under suspension citing same allegations with a direction that inquiry be initiated against the petitioner. 4. At this stage, learned Additional Chief Standing Counsel submitted that a charge-sheet has been served upon the petitioner on 18.3.2025, however, no reply is still been filed and recently a reminder in this regard was sent to the petitioner on 7.4.2025. 5. Aforesaid fact is being denied by the learned counsel for the petitioner. 6. Learned counsel for the petitioner further submitted that deduction of salary of one day without conducting any inquiry on the face of it is illegal. 7. In support of his submission, learned counsel for the petitioner refers salary slip for the Month of February, 2025, however, whether salary of one day was deducted or not is not clear from the aforesaid document. 8. Learned counsel for the petitioner submitted that if a fresh charge-sheet is served upon him, he will file a reply to it within one week thereafter. 9. Learned Additional Chief Standing Counsel submitted that inquiry will be concluded with the co-operation of petitioner within four weeks thereafter. 10. I have considered the above submissions and perused the records. 11. The direction to deduct salary of one day without conducting any inquiry as well as without waiting for three days to submit reply is on the face of it is illegal, therefore, impugned order dated 24.2.2025 qua to said direction is set-aside. 12. Court also takes note that now inquiry is being initiated in pursuance of an order dated 24.2.2025, therefore, it is directed that if a fresh charge-sheet is still not served upon the petitioner, he will visit the office of respondent no.3 on 11.4.2015, who will provide a copy of charge-sheet during office hours and thereafter within one week petitioner will submit his reply and thereafter inquiry shall be concluded within a period of four weeks in accordance with law. In case, inquiry is not concluded with co-operation of petitioner within aforesaid period, order of suspension shall be deemed to be kept in abeyance, subject to outcome of inquiry. 13. It is made clear that Court has not entered into the veracity of allegations levelled against the petitioner. 14. With aforesaid direction, this writ petition is disposed of. Order Date :- 9.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad