Neutral Citation No. - 2025:AHC:72749 Court No. - 6 Case :- WRIT - A No. - 27487 of 2012 Petitioner :- Om Prakash Singh Respondent :- State Of U.P.Thru.It S Secy. And Others Counsel for Petitioner :- A.K. Singh,Brij Raj Singh Counsel for Respondent :- D.S.P.Singh,K.S.Kushwaha,Nesheeth Yadav Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Brij Raj Singh, learned counsel for petitioner and Sri Rajeshwar Tripathi, learned C.S.C. 2. This writ petition is pending since 2012. 3. Challenge in this writ petition is an order dated 03.03.2012 whereby District Basic Education Officer, Varanasi, in pursuance of an order passed by this Court in Writ A No. 53120/2011 filed by Committee of Management, approved proposal of termination of petitioner from service as an Assistant Teacher. 4. Learned counsel for petitioner has able to convince this Court that process required for passing such order was not followed i.e. no show cause notice along with inquiry report was supplied to petitioner. Objections though filed by petitioner before concerned respondents was not considered in its correct perspective. Allegation of misconduct is not proved even on anvil of preponderance of probability since statement of effected persons were not recorded. Even copy of statements were not supplied to petitioner as well as even it is considered that charge was proved, punishment of termination appears to be disproportionate. 5. Learned C.S.C. has tried to convince this Court, however, above referred factors remain undisputed. 6. In view of above, a case of interference is made out. Accordingly, impugned order dated 03.03.2012 and 05.03.2012 are hereby set aside and matter is remitted to concerned respondent to proceed with inquiry after issuing fresh show cause notice along with a copy of inquiry report and the inquiry shall be concluded within 8 weeks in accordance with law and its legal consequence shall follow. 7. It is informed that petitioner has attained age of superannuation in the year 2022. 8. Writ petition stands disposed of with above observations. Order Date :- 6.5.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad