Neutral Citation No. - 2025:AHC:125791 Court No. - 52 Case :- WRIT - A No. - 37423 of 2016 Petitioner :- Shilpi Singh Respondent :- State Of U.P. And 4 Ors. Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- Arun Kumar,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. 1. List has been revised. None appears on behalf of petitioner to press this writ petition. 2. Heard Sri Ashish Kumar, learned Standing Counsel and Sri Arun Kumar, learned counsel appearing on behalf of B.S.A. and perused the record. 3. From perusal of record, it is evident that the petition has been filed with the prayer to quash the impugned punishment order dated 29.03.2014 passed by respondent no. 5 as well as order dated 28.04.2016 passed by respondent no 4, whereby, the service of the petitioner was broken from 20.02.2013 to 31.01.2014 with deduction of salary and further prayer is to direct the respondent concerned to pay salary to the petitioner from the month of November, 2013 to April, 2014. 4. The present writ petition has been filed stating therein that the petitioner was initially appointed as Assistant Teacher in Parishadiya School, District Sant Kabir Nagar on 24.12.2010and she joined her service on the same day. Later on, the petitioner was transferred from District Sant Kabir Nagar to District Gorakhpur, where, she has joined as Assistant Teacher in Primary School, Suraini Katya, Block Khajani, District Gorakhpur on 06.10.2012. 5. Some complaint was made by Gram Pradhan against the petitioner regarding mid-day meal, admission, examination fees as well as absence of the petitioner in school. The complaint also mentions about the fact that the attendance register was kept under the custody of the petitioner. On the said complaint, a show cause notice was given to the petitioner and she was placed under suspension. A charge sheet after due inquiry was submitted against the petitioner on 06.02.2014 to which she has submitted reply on 10.02.2014. The inquiry report was accordingly submitted on 21.03.2014 and on the basis of aforesaid inquiry, suspension of the petitioner was revoked on 29.03.2014, however, the punishment order was passed making deduction of salary from 20.02.2013 to 31.01.2014 on the ground that the petitioner could not give satisfactory explanation regarding her absence from the school and also the fact that the custody of the attendance register was with her. 6. In compliance of order dated 29.03.2014, the petitioner was reinstated in service on 15.04.2014 and she joined her duty as Assistant Teacher in Primary School, Suraini Katya, Block Khajani, District Gorakhpur. The salary of the aforesaid period i.e. from November 2013 to April, 2014 was not paid to the petitioner, therefore, she moved representation before the authority concerned. After that, the petitioner was paid salary for the period from February, 2013 to October, 2013. Thereafter, the petitioner was again filed her representation requesting for cancellation of punishment order dated 29.03.2014 but nothing was done regarding payment of salary. Thereafter, she filed Writ petition No. 2962 of 2016 before this Court, wherein a direction was given to respondent no. 4 for deciding the representation of the petitioner. It appears that during pending decision on the representation, some payment for which petitioner was not entitled, was given to her, therefore, recovery of the aforesaid amount was directed to be made from concerned B.S.A. as well as from Finance and Account Officer. Later, the punishment order has been passed, therefore the present writ petition has been filed. 7. The grounds taken in the writ petition are that the petitioner has not been given opportunity of hearing on the complaint of Gram Pradhan, which was filed merely on the wrong allegations and the punishment order has been passed, therefore, the order may be set aside. 8. In the counter affidavit filed by respondent no. 5, it has been submitted that the charge sheet were issued on the charges of being absent from 20.02.2013 to 31.01.2014 and also the fact that the student attendance register and her attendance register have been in the custody of the petitioner. The charge sheet also mentions about disobedience order passed by the educational authorities and dereliction of duty. After considering the detailed reply submitted by the petitioner, the order impugned has been passed, wherein no satisfactory explanation has been given to the petitioner with respect to the allegations, which have been proved in the inquiry after giving opportunity of hearing. As the petitioner has not worked for the period from 20.02.2013 to 31.01.2014, she is not entitled for salary for the said period. 9. Even otherwise, the counsel for the petitioner is not present, even in the revised call. It appears that the petitioner has lost hope as nothing remains. 10. In view of above, the writ petition is dismissed. Order Date :- 29.7.2025 sailesh Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad