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Neutral Citation No. - 2025:AHC:21996 Court No. - 7 Case :- WRIT - A No. - 77 of 2025 Petitioner :- Preeti Jaiswal Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard Sri V.K. Singh, learned Senior Counsel assisted by Sri Grijesh Tiwari,
learned counsel for the petitioner, learned Standing Counsel for respondent Nos.1 & 3 and Sri A.K. Nagwvanshi, learned counsel for respondent No.2. 2. The petitioner has preferred the present petition with the following prayers:- (i) Issue an appropriate writ order or direction in the nature of certiorari quashing the impugned letters/ notices dated 19.10.2024 and 26.07.2024 passed/ issued by respondent nos. 2 and 3 respectively (Annexed as Annexure No. 18 & 15 to this writ petition respectively) as well as the entire inquiry proceedings initiated against the petitioner at the instance of respondent nos. 2 and 3 in terms of the letters/ notices dated 19.10.2024 and 26.07.2024. (ii) Issue an appropriate writ order or direction in the nature of mandamus commanding/ directing the respondents not to take any coercive action against the petitioner under the garb of the inquiry proceedings initiated against the petitioner at the stance of respondent nos. 2 and 3 in terms of the letters/notices dated 19.10.2024 and 26.07.2024. 3. It is argued by learned Senior Counsel that the petitioner was initially appointed on the post of Assistant Teacher in Primary School being Sonraich @ Badagaon Block Bhathat, District Gorakhpur vide appointment letter dated 06.02.2010 issued by the District Basic Education Officer Gorakhpur and since then he is working regularly and getting his salary. It is argued that wholly illegally the proceedings were initiated regarding the genuineness of B.A. Mark-sheet of the petitioner issued by St. Andrews College Gorakhpur which is affiliated with Gorakhpur University. It is argued that various reports were submitted by the Special Task Force in favour of the petitioner but not satisfied with the its report, time and again investigation was conducted by the S.T.F. who have absolutely no jurisdiction to interfere with the functioning of the teachers in Primary Institution. It is argued that Inspector,
S.T.F. Field Unit wrote a letter dated 26.07.2024 to the District Basic Education Officer, Gorakhpur and pursuant to the same, notice was issued to the petitioner. It is argued that in terms of the earlier notice, a notice was issued to the petitioner on 19.10.2024 by the respondent No.2/District Basic Education Officer Gorakhpur with the caption that "
ससवव समवपप पपवर ननपटस".
It is argued that from perusal of the aforesaid caption of the notice, it is clear that the respondents are predetermined mind with to end the service of the petitioner and prays that the aforesaid notice be quashed. 4. On the other hand, it is argued Sri A.K. Nagwvanshi, learned counsel for respondent No.2. that after verification of the record pertaining to the B.A. Marksheet from the St. Andrews College Gorakhpur, certain tempering has been found in the same, therefore, the notices were issued to the petitioner. It is very fairly admitted by learned counsel for respondent No.2 that the caption of the notice i.e., "
ससवव समवपप पपवर ननपटस" is wrong and should not be written. It is argued that the intention of the issuing aforesaid notice is only getting the reply from the petitioner, hence the present petition is premature and liable to be dismissed. 5. Heard learned counsel for the parties and perused the record. 6. From perusal of the record, it is clear that the caption/word, i.e. "
ससवव समवपप पपवर ननपटस" written in the notice is absolutely wrong which is also admitted by Sri. A.K. Nagwanshi, learned counsel for the respondent No.2. 7. In this view of the matter, the word "
ससवव समवपप पपवर ननपटस" written in the notice is liable is hereby deleted. 8. In the facts and circumstances of the case, the present petition is disposed of permitting the petitioner to submit reply to the notice dated 19.10.2024 issued by the respondent No.2/District Basic Education Officer Gorakhpur within a period of three weeks from today before respondent No.2 along with certified copy of this
order. If it is so, the respondent No.2 will take a decision in the mater strictly in accordance with law most expeditiously and preferably within a period of three months thereafter strictly in accordance with law.
Order Date :- 17.2.202/saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad