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2025 DAILYLAW 47925 (ALL)

SANJAY KUMAR v. STATE OF UP AND 3 OTHERS

WRIA/17783/2021 · 2025-04-29

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68085 Court No. - 6 Case :- WRIT - A No. - 17783 of 2021 Petitioner :- Sanjay Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Ravindra Kumar Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria,Vikram Bahadur Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Ravindra Kumar, learned counsel for petitioner, Sri Vivek Kumar Rai and Sri Shivendra Singh Bhadauria, learned counsel for respondents. 2. There are serious allegations against petitioner that he got appointment on post of Assistant Teacher on basis of a fake degree and therefore, an inquiry was setup and it appears that his salary was stopped. 3. In aforesaid circumstances, petitioner has approached this Court by way of filing this writ petition. 4. In the counter affidavit, an order dated 08.07.2022 is placed on record issued by District Basic Education Officer that since inquiry so far as petitioner was a having a fake degree of Dr. B.R. Ambedkar University, Agra for Academic Session 2004-05 was directed, therefore, during pendency of said inquiry, his salary would be stopped. 5. A counter affidavit has been filed by concerned University and learned counsel refers its paragraph 5 and 6 which is quoted below :- “5. That the petitioner was initially appointed on 05/07/2011 at Primary School Jatwari-II, Block-Chhata, District-Mathura on the post of Assistant Teacher and subsequently, transferred in the year 2016 in District-Fatehpur under enter district transfer policy. On being transferred in the year 2016, the petitioner joined at Primary School Kumharandera, Block- Haswa, District-Fatehpur upon his posting. 6. That the Director of Education (Basic), U.P. at Lucknow (hereinafter shall be referred to as 'Director') vide its letter dated 02/07/2020 has informed regarding uploading the details and records of the Teachers of Basic Education Department at Manav Sampada Portal and in connection thereto, the highest of fake and tempered certificates holders candidates of the academic year 2004-05 of Dr. Bheemrao Ambedkar University, Agra as prepared by the SIT was provided bearing the names of 4706 candidates therein.” 6. Learned counsel for B.S.A. submits that he has no instructions whether inquiry in regard to petitioner is completed or not. 7. As per instructions received by learned counsel for petitioner, inquiry has been concluded though no document in support of his submission is placed on record. 8. In aforesaid circumstances and as referred above, there are serious allegations against petitioner, however, it requires to be proved, therefore, this writ petition is disposed of with a direction that in case University/S.I.T. does not submit a report to B.S.A. concerned within six weeks from today so far as petitioner is concerned, the order impugned, which is for stoppage of salary of petitioner, will be kept in abeyance subject to outcome of inquiry. 9. Writ petition stands disposed of with above observations. Order Date :- 30.4.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad