Neutral Citation No. - 2025:AHC:87153 Court No. - 6 Case :- WRIT - A No. - 8567 of 2011 Petitioner :- C/M Mahatma Budh Vidyalay Respondent :- State of U.P. and Others Counsel for Petitioner :- Dheeraj Kumar Dwivedi,K.K. Tripathi Counsel for Respondent :- J.N. Maurya,Saroj Yadav Hon'ble Saurabh Shyam Shamshery,J. 1. None appeared on behalf of petitioner. Sri Saroj Yadav, Advocate is present for Respondent-6. 2. This writ petition is filed by Committee of Management of concerned School against impugned order dated 18.08.2010 whereby termination order of Respondent-6 was set aside by Secretary, Board of Basic Education. 3. Learned counsel appearing for Respondent-6 refers the impugned order specifically “Samiksha” and “Nirnany” that order of termination was set aside since principles of natural justice were not followed. 4. Impugned order was stayed by this Court vide order dated 15.02.2011 on ground that Committee of Management was not provided any opportunity of hearing. Later on this writ petition was dismissed on 18.07.2019, however, it was restored on 06.04.2023. 5. Learned counsel appearing for Respondent-6 has also referred impugned order that notices were issued to petitioner, however, he has not appeared. 6. I have considered the submissions and perused the material on record. 7. Impugned order is based on a specific reason that during departmental inquiry principles of natural justice were not followed. However, same error was committed in impugned order since Committee of Management of School concerned was not heard. 8. Otherwise also, the Court is of the opinion that in case termination order was set aside due to deficiency of due process, the order ought to have been passed that inquiry be re-commenced from the stage where procedure was violated. 9. In aforesaid circumstances, this writ petition is disposed of and impugned order dated 18.08.2010 is modified to the extent that this order will not come in the way if fresh inquiry is conducted against Respondent-6, if circumstances so exist. 10. Interim order dated 15.02.2011 is vacated. Order Date :- 22.5.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad