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2025 DAILYLAW 42213 (ALL)

SHIPRA SINHA v. STATE OF UP AND 2 OTHERS

WRIA/4774/2025 · 2025-04-15

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55519 Court No. - 6 Case :- WRIT - A No. - 4774 of 2025 Petitioner :- Shipra Sinha Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Nabeela Arjumand, Prabhakar Awasthi Counsel for Respondent :- C.S.C., Girijesh Kumar Tripathi Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner and Sri R.K.Tiwari, learned counsel for Respondents-2 and 3. 2. Scanned copy of impugned order dated 24.03.2025 passed by District Basic Education Officer, Shahjahanpur is pasted hereinafter: 3. Learned counsel for the petitioner has rightly pointed out that similar nature of order was set-aside by this Court in Sandeep Richhariya vs. State of U.P. and others, 2025:AHC:45201. 4. Court is amazed how the concerned Basic Shiksha Adhikari in initial part of order has concluded by awarding punishment and thereafter under a heading having a nomenclature “speaking order ka saraansh” a vague order is mentioned which appears to be a novel and new concept. 5. From above, Court understands that concerned respondent must have passed a very detail speaking order and only for reference it is mentioned in brief under above heading, how detail order is not on record. Such approach of concerned respondent is absolutely erroneous. Therefore, not only the impugned order is interfered and propose to pass an adverse order against the concerned respondent. 6. At this stage, learned counsel appearing for Respondents-2 and 3 seeks five minutes time to have a conversation with Basic Shiksha Adhikari, Shahjahanpur. 7. After ten minutes when the matter is taken up again, learned counsel appearing for Respondents-2 and 3 submits that said respondent has extended unqualified apology that she will pass a fresh order with reason and shall remain careful in future. 8. In aforesaid circumstances, taking a lenient view in the matter, the impugned order dated 24.03.2025 is hereby set aside and matter is remitted back to Basic Shiksha Adhikari, Shahjahanpur to pass a fresh order in accordance with law taking note of U.P. Government Servants (Discipline and Appeal) Rules, 1999. 9. The writ petition is accordingly disposed of. Order Date :- 16.4.2025 AK 2 of 2 Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad