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Neutral Citation No. - 2025:AHC:116066 Court No. - 32 Case :- WRIT - A No. - 5828 of 2025 Petitioner :- Sanjeev Kumar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jagannath Singh Counsel for Respondent :- Bheem Singh,C.S.C. Hon'ble Chandra Dhari Singh,J.
1. It is jointly prayed by learned counsel appearing on behalf of parties that instant petition may be heard separately from Writ-A No. 3297 of 24 as the issue involved in both the matters are different.
2. In view of the aforesaid, the Writ-A No. 3297 of 2024 is disconnected with the present petition. 3.Present petition has been filed seeking for the following reliefs:-
" i. Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 20/21.10.2024 passed by the manager, Vaidik Kanya Inter College, Dadari, District Gautam Buddha Nagar. ii. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to pay the salary of the petitioner for the month of November 2024 with interest and not to harass the petitioner in peaceful functioning of his duties on the post of Head Clerk in the said institution."
4. Sri J. N. Singh, learned counsel appearing on behalf of petitioner submitted that impugned order dated 20/21.10.2024 passed by the Manager of the Institution stopping one month salary of the petitioner on the pretext that some personal records /papers of the society by whom the school is operated, are lying with him but in the order impugned no specific documents/records/papers are mentioned, which lying with the petitioner. Learned counsel for the petitioner therefore, prayed that
Manager of the Institution may be directed to specify the records/papers and documents, which are required by the Manger from the petitioner. Learned counsel for the petitioner after some length of argument without pressing the matter on merits made innocuous prayer that he may be given an opportunity to approach the respondent no.5-Committee of Management, Vaidik Kanya Inter College, Dadari, District Gautam Buddha Nagar by way of filing a representation before him and respondent no.5 may also be
directed to decide the said representation in accordance with law expeditiously.
5. Sri Bheem Singh, learned counsel appeared in advance accepted notice on behalf of respondent no.5 and vehemently opposed the instant writ petition on merit but he has no objection to the innocuous prayer as made by learned counsel for the petitioner.
6. Heard Sri J. N. Singh, learned counsel for the petitioner, Sri Jitendra Singh, learned Standing counsel for the State-respondents, Sri Bheem Singh, learned counsel for the respondent no.5 and perused the contents made in the petition.
7. Taking into consideration the innocuous prayer made by learned counsel for the petitioner and no objection from other side, I am inclined to allow the innocuous prayer made by learned counsel for the petitioner.
8. Taking into consideration the innocuous prayer made by learned counsel for the petitioner and no objection made by learned counsel for the respondents, without entering into the merits of the case, the writ petition is disposed of with a direction to the petitioner to move a representation before the respondent no.5- Committee of Management, Vaidik Kanya Inter College, Dadari, District Gautam Budha Nagar within two weeks along with
certified copy of this order and after receiving the said representation, the respondent no.5 is directed to pass appropriate
order on the same specifying the documents/records/papers which are allegedly lying with petitioner in accordance with law expeditiously preferably maximum within a period of four weeks thereafter.
9. Respondent no.5 is directed to provide the list of documents/records which are required from the petitioner while deciding the aforesaid representation. Petitioner is also directed to provide all the documents as required by respondent no.5.
Order Date :- 17.7.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad