Neutral Citation No. - 2025:AHC:4676 Court No. - 7 Case :- WRIT - A No. - 159 of 2025 Petitioner :- Shikha Dwivedi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Rajiv Kumar Tripathi,Samarath Singh,Sr. Advocate Counsel for Respondent :- Ashish Kumar (Nagvanshi),C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri V. K. Singh, learned Senior Counsel assisted by Sri Rajiv Kumar Tripathi and Samarath Singh, learned counsel for the petitioner, learned Standing Counsel for the respondent no.1 and Sri Ashish Kumar (Nagvanshi), learned counsel for the respondent no.2 & 3. 2. The order of suspension dated 04.11.2024 passed by the District Basic Education Officer, Gorakhpur/respondent no.3 is under challenge in the present writ petition. 3. It is argued by learned Senior Counsel for the petitioner that if the charges levelled against the petitioner are correct even then in any manner same shall not lead to impose major penalty. It is further argued that the petitioner had done reconstruction/redevelopment of the wall by installing iron grills, which was better quality of work done by her and the same was done in terms of the budget. After completion of the said work bills/vouchers were issued in favour of the persons, who had done the work. It is further argued that Clause 1 (c) of the Government Order dated 14.07.2023 regarding rejuvenation was never violated by the petitioner and it is not mentioned in the aforesaid Government Order that before proceeding to do any such reconstruction/redevelopment work of the wall, prior permission or approval of the concerned authorities is to be taken. It is mentioned in the Government Order that the work has to be done with the prior consent of the management and since petitioner was the Incharge Headmistress of the institution, she had all the right to do the development work in the institution in terms of the sanctioned budget, which was so done. 4. It is argued by Sri Ashish Kumar (Nagvanshi), learned counsel for the respondent no.2 & 3 that due to serious charges levellled against the petitioner, she was placed under suspension. 5. From perusal of the record it transpires that three members enquiry committee was constituted to enquire the matter, thereafter, certain reports were submitted by the aforesaid committee and taking into consideration the aforesaid reports order of suspension has been passed. It further reveals that order of suspension has been passed on the basis of complaint made by one Ajit Singh and before passing the same, show cause notice dated 22.10.2024 was issued to the petitioner. A detail reply to the aforesaid show cause notice was submitted by the petitioner on 28.10.2024, copy of which is appended as annexure-6 to the present writ petition. 6. It is clear from perusal of order of suspension that the reply submitted by the petitioner was not at all taken into consideration by the respondent no.3 while passing the order of suspension. 7. In view of the same, the Court is of the prima facie opinion that the order of suspension has been passed without application of mind and it is a fit case for grant of interim relief. 8. At this point of time, a prayer has been made by Sri Ashish Kumar (Nagvanshi), learned counsel for the respondent no.2 & 3 that disciplinary authority be directed to conclude the enquiry expeditiously. 9. Heard learned counsel for the parties. 10. With the consent of learned counsel for the parties, writ petition is being disposed of at the admission stage itself. 11. In this view of the matter, present writ petition is disposed of finally directing the disciplinary authority to conclude the proceedings initiated against the petitioner, most expeditiously and preferably within a period of three months from today. It is made clear that the petitioner will cooperate in the enquiry and he will not take any unnecessary adjournment. 12. The suspension of petitioner shall remain stayed for a period of three months or till the time a fresh decision is taken by the authorities, whichever is earlier. Order Date :- 9.1.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad