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2025 DAILYLAW 46288 (ALL)

SUREKHA KUMARI v. State of U.P. AND 4 OTHERS

WRIA/5280/2024 · 2025-05-20

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85876 Court No. - 6 Case :- WRIT - A No. - 5280 of 2024 Petitioner :- Surekha Kumari Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ghanshyam Pandey Counsel for Respondent :- C.S.C.,Udit Chandra Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Hemendra Pratap Singh holding brief of Sri Ghanshyam Pandey, learned counsel for the petitioner and Sri Udit Chandra for the respondent nos.3 to 5. 2. In the present case, petitioner has challenged the suspension order dated 12.3.2024. 3. This Court has passed following order on 27.4.2024: "1. The petitioner has preferred the present writ petition inter-alia with the prayer to quash the impugned suspension order dated 12.03.2024 passed by the respondent no.3. 2. Head counsel for the parties and perused the record. 3. From perusal of the order of suspension, the Court is more than satisfied that order impugned has been passed only in terms of the letter dated 05.03.2024 written by the respondent no.2 and there is no independent application of mind by the respondent no.3 before passing the order impugned. 4. In this view of the matter, respondent no.3 namely District Basic Education Officer, Mathura is directed to file his personal affidavit that under what circumstances the order impugned has been passed. 5. The aforesaid affidavit be filed within a period of ten days' from today. 6. List this matter in the 3rd week of May, 2024. 7. Till the next date of listing, the effect and operation of the order dated 12.03.2024 passed by the respondent no.3 namely District Basic Education Officer, Mathura, shall remain stayed. 8. It is made clear that this order will not be restrained the respondents to conclude the proceedings initiated against the petitioner." 4. Learned counsel for the respondent nos.3 to 5 submits that inquiry if still not concluded will be concluded within a short period. 5. In the aforesaid circumstances, interim order dated 27.4.2024 is made absolute subject to outcome of inquiry. 6. Writ Petition is accordingly disposed of. Order Date :- 21.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad