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2025 DAILYLAW 42516 (ALL)

VIPIN KUMAR MISHRA v. State of UP AND 3 OTHERS

WRIA/4939/2024 · 2025-04-22

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60906 Court No. - 6 Case :- WRIT - A No. - 4939 of 2024 Petitioner :- Vipin Kumar Mishra Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Abhai Kumar Tiwari,Abhishek Kumar Counsel for Respondent :- C.S.C.,Dur Vijay Singh,Hare Ram,Kamal Kaushal Upadhyay Hon'ble Saurabh Shyam Shamshery,J. 1. None appeared on behalf of petitioner. Sri Hare Ram, Advocate is present for Respondents-3 and 4. 2. This Court passed following order on 05.04.2024: “Learned counsel for the petitioner is permitted to implead Ramvir Singh, as respondent no. 5 during course of the day. Heard learned counsel for the petitioner, learned Standing Counsel for State- respondents and Mr. Hare Ram, learned counsel for respondent nos. 3 and 4. The present writ petition has been filed for quashing the orders dated 4.3.2024 passed by respondent no. 4. Learned counsel for the petitioner submits that an inquiry was instituted against Ramveer Singh, respondent no. 5 and after submitting the inquiry report dated 27.1.2024, he was punished with minor punishment and was reinstated in service and thereafter he was posted at Primary School Nagla Khadar, Lock Badhpura, Distt. Etawah, where the petitioner is at present as In-charge Principal. He submits that there has been serious allegation against respondent no. 5 in respect of misconduct as well as misbehavior with the lady teachers and the petitioner was well aware in respect of the proceedings initiated against respondent no. 5, therefore, after transferring of respondent no. 5 in the institution of the petitioner, a letter has been written to respondent no. 4 on 26.2.2024 for modification in the reinstatement order of Ramveer Singh, respondent no. 5 however without considering the same in a proper perspective, the petitioner was suspended by the impugned order with the allegation of dereliction of the departmental orders. The matter requires consideration. Admit. Notice on behalf of respondents - 1 and 2 has been accepted by Chief Standing Counsel and on behalf of respondents - 3 and 4 has been accepted by Mr. Hare Ram. Issue notice to respondent no. 5 returnable at an early date. Steps be taken within a week. The respondents are granted eight weeks' time to file counter affidavit. Rejoinder, if any, may be filed within three weeks thereafter. List in due course. Until further order of this Court, the effect and operation of the order dated 4.3.2024 shall remain stayed.” 3. Learned counsel appearing for Respondents-3 and 4 submits that probably since impugned order was stayed, therefore, inquiry was not proceeded further. 4. In aforesaid circumstances, this writ petition is disposed of with direction that if charge sheet is not submitted within two weeks from today, the interim order dated 05.04.2024 will become absolute and in case charge sheet is submitted, the Inquiry Officer shall conclude inquiry within a period of six weeks thereafter. In case, despite cooperation of petitioner, inquiry is not concluded within aforesaid period, the impugned order dated 04.03.2024 shall be considered to be kept in abeyance, subject to outcome of inquiry. Order Date :- 23.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad