Neutral Citation No. - 2025:AHC:67175 Court No. - 6 Case :- WRIT - A No. - 5330 of 2024 Petitioner :- Mohd Yusuf Ansari Respondent :- State Of U.P.And 4 Others Counsel for Petitioner :- Mohammad Khalid Counsel for Respondent :- C.S.C.,Shad Khan Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Deepak Singh holding brief of Sri Mohammad Khalid, learned counsel for the petitioner and Sri Shad Khan for respondent nos.3 to 5. 2. It is not under dispute that the petitioner while working as an Assistant Teacher has faced criminal trial and vide judgment and order dated 6.8.2022 he was convicted for an offence under Sections 147, 380, 436/149, 452, 427/149 of I.P.C. and was awarded maximum punishment of 7 years along with other convicted accused. 3. Petitioner has filed a Criminal Appeal against the aforesaid order, wherein he was granted suspension of stay, however, there is no stay to the conviction, therefore, petitioner is still a convicted person. 4. It appears that thereafter petitioner has approached the concerned school to rejoin his services, however vide impugned order dated 2.3.2024 his prayer was rejected on ground that he is still a convicted person. 5. This Court has passed following order on 15.4.2024: "Heard learned counsel for the petitioner, learned ACSC for State - respondents and learned counsel for the respondent-Basic Education. On 15.04.2024, the learned counsel for the respondents was directed to seek instruction in the matter. Today, when the matter is taken up, he submits that he has received instruction only to file counter affidavit and no specific instruction has been received from the respondents. Learned counsel for the petitioner submits that the impugned order has been passed in gross violation of the principles of natural justice, the averment of which has been mentioned in paragraph nos. 38 & 39 of the writ petition. Matter requires consideration. Admit. Learned counsel for the respondents may file counter affidavit within a period of six weeks from today. Rejoinder affidavit, if any, may also be filed four weeks thereafter. List thereafter. Until further orders of this Court, the effect & operation of the impugned order dated 02.03.2024 passed by the respondent no. 5 shall remain stayed. " 6. Learned counsel for the petitioner submitted that petitioner in pursuance of aforesaid order has joined his services, but Court is not convinced that it is a case of violation of principles of natural justice since the facts recorded in the impugned order are not under dispute, however, still considering that a stay order has already been passed on 15.4.2024 which has been implemented, therefore, this writ petition is disposed of with a direction that impugned order dated 2.3.2024 is set-aside and matter is remanded to District Basic Shiksha Adhikari, Kasganj to pass a fresh order and there is no need of any personal hearing and petitioner is permitted to submit his reply within a period of two weeks and thereafter within a period of four weeks a reasoned order will be passed taking note of a judgment passed by this Court in Writ Petition No.19100 of 2015, Dr. Om Sharan Tripathi Vs. State of U.P. & Ors, Neutral Citation No.2025:AHC:30247. Order Date :- 30.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad