BRIJESH KUMAR SINGH v. THE STATE OF U.P. AND OTHERS
WRIA/24469/2007 · 2025-07-30
Donadi Ramesh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43167 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43167 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:128090 Court No. - 38 Case :- WRIT - A No. - 24469 of 2007 Petitioner :- Brijesh Kumar Singh Respondent :- The State Of U.P. And Others Counsel for Petitioner :- Arun Kumar Singh,R K Ojha Counsel for Respondent :- C.S.C.,Ranjeet Asthana Hon'ble Donadi Ramesh,J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents. 2. The present writ petition has been filed questioning the order dated 01.03.2007 passed by the 2nd respondent - District Inspector of Schools and resolution dated 02.01.2007 of the 3rd respondent - committee of management. 3. The 3rd respondent has passed the resolution suspending the petitioner on several allegations and the said proposal / resolution was approved by District Inspector of Schools on 01.03.2007. 4. Aggrieved by the same, the present writ petition has been filed by the petitioner. 5. Considering the submissions and on perusal of the records, this Court passed the interim order on 23.05.2007 which reads as follows:
"Learned Standing Counsel has accepted notice on behalf of respondents no. 1 and 2. Sri Ranjeet Asthana, Advocate, has accepted notice on behalf of respondent no. 3. Each one of the respondents is granted six weeks time to file counter affidavit. Rejoinder affidavit may be filed within next two weeks. List thereafter. In the present case the back drop of the case reflects that disciplinary proceedings had been undertaken against the petitioner and the papers have been transmitted to U.P. Secondary Education Services Selection Board, Allahabad. While papers were pending before Secondary Education Services Selection Board, Allahabad in the meantime, Managing Committee of the institution once again has proceeded to place the petitioner under suspension. Most surprising feature is that order of suspension has been passed on the same i.e. Charge No. 1 which was already engaging attention before U.P. Secondary Education Services Selection Board, Allahabad. Though District Inspector of Schools has discussed the said charges in detail and has proceeded to mention that Charges No. 2, 4,5,6, 11 & 12 are connected with financial irregularity. Further mentions that Charge
no. 8 is in respect of B.Ed. degree of petitioner of 93-94 as such he cannot function since 1991 and further proceeds to mention that charges levelled are serious in nature and there are chances of adverse impact in making disciplinary proceedings.
District Inspector of Schools has proceeded to pass order of approval in mechanical manner without there being any objective consideration, which is fully reflected from the order. Consequently, order dated 01.03.2007 passed by District Inspector of Schools, Azamgrah shall be kept in abeyance. Subsequent to the same U.P. Secondary Education Services Selection Board, Allahabad has disapproved the dismissal on 28.03.2007."
6. In view of the above said orders, the petitioner's services are continued and further the respondents have not conducted any inquiry and have not finalized the said dispute. The impugned
order dated 01.03.2007 passed by District Inspector of Schools, Azamgarh with regard to suspension of the petitioner, has been stayed by this Court and in view of efflux of time, the said impugned order is set aside. As nothing survives in this writ petition, accordingly, the present writ petition is consigned to records.
Order Date :- 31.7.2025 rkg (Donadi Ramesh, J.) Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad Digitally signed by :- RAKESH KUMAR GAUTAM High Court of Judicature at Allahabad