Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 42148 (ALL)

AKANKSHA UPADHYAY v. STATE OF UP AND 5 OTHERS

WRIA/4765/2025 · 2025-04-15

Saurabh Shyam Shamshery

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:55563 Court No. - 6 Case :- WRIT - A No. - 4765 of 2025 Petitioner :- Akanksha Upadhyay Respondent :- State Of Up And 5 Others Counsel for Petitioner :- Bhanu Pratap Singh Counsel for Respondent :- C.S.C.,Shad Khan Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Bhanu Pratap Singh, learned counsel for the petitioner, Sri Brijendra Mani, learned Standing Counsel and Sri C.P.Singh holding brief of Sri Shad Khan for respondent nos.2 to 6. 2. Petitioner an Assistant Teacher, while working as Head Master Incharge has suffered an inquiry and vide impugned order dated 30.1.2025 she was reinstated with complete salary along with following purported punishment 'सम्बननन्धित शशिक्षक/शशिशक्षकका कको शकसस शविशनिशररष्ट अविधन्धि कके धलिए विकेतनि विवृशद्धि कको रकोकनिका शकसस शविशनिशररष्ट अविधन्धि कके धलिए विकेतनि विवृशद्धि कको रकोकनिका कके सकाथ बहकालि शकयका जकातका हहै।'. 3. Court finds that aforesaid nature of punishment is not properly awarded i.e. it has not disclosed the period of withholding increment, therefore, punishment appears to be awarded without application of mind. 4. Learned counsel for the petitioner submitted that in the writ petition, such aspect has not been touched. He further submitted that petitioner is being transferred also and her medical leave was rejected. 5. Learned counsel for the petitioner undertakes that petitioner will join at transferred place within three days and further prays that salary be granted to her. 6. In the aforesaid circumstances, since the punishment is not correctly awarded nor correctly described in the impugned order and it appears to be passed without application of mind, therefore, it is interfered qua to punishment and matter is remanded to concerned respondent to pass a fresh order. 7. In case the petitioner joins at the transferred place within the aforesaid period, her salary shall be released at least for the period of suspension subject to verification and future salary also. For other prayers, petitioner is at liberty to approach the concerned respondent. 8. Learned counsel for the petitioner submitted that petitioner's medical leave was rejected vide order dated 28.3.2025 citing only reason i.e. 'anumanya nahi' and no specific reason has been assigned. 9. In the aforesaid circumstances, matter is remanded to concerned respondent who will communicate reasons to the petitioner within two weeks and thereafter petitioner will be at liberty to take recourse to legally available remedy in accordance with law. 10. With aforesaid direction, this writ petition is disposed of. Order Date :- 16.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad