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2025 DAILYLAW 48948 (ALL)

PRABHU NARAYAN SINGH v. STATE OF U.P. AND 5 OTHERS

WRIA/5575/2025 · 2025-04-28

Saurabh Shyam Shamshery

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66206 Court No. - 6 Case :- WRIT - A No. - 5575 of 2025 Petitioner :- Prabhu Narayan Singh Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- C.S.C.,Shrinath Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Vinay Kumar Mishra, learned counsel for petitioner and Sri Srinath, Advocate for Respondent-2. 2. An inspection was conducted by Additional Director of Education (Basic) of various Primary Schools of Vindhyachal Division including the School where petitioner works, wherein certain irregularities were found and petitioner being Headmaster was asked to submit a reply vide order dated 23.12.2024 and his salary for the month of December, 2024 was stopped. It is not under dispute that salary from the month of January, 2025 onwards was paid. 3. Learned counsel for petitioner submits that a reply was filed on 28.12.2024, however, till date neither any decision has been taken nor salary of December, 2024 was released. 4. Learned counsel appearing for Respondent-2, on basis of written instructions, submits that the matter is seized with Mandaliya Sahayak Shiksha Nideshak (Basic), Vindyachal Mandal, Mirzapur and in relation to some Schools matter has been decided and salary was also released of Headmaster/ Headmistress of concerned Schools and within a few days final decision may be taken with regard of petitioner’s School also. 5. In aforesaid circumstances, since matter is seized with said authority, therefore, it is directed that final decision be taken in accordance with law within a period of two weeks from today. 6. It has rightly been pointed out that there is no provision to stop salary though concerned respondent is at liberty to initiate inquiry in terms of relevant rules, however, it appears that in terms of relevant rules no inquiry is conducted. Since there is no provision to withhold salary, therefore, it is directed that salary of petitioner for the month of December, 2024 shall be released within two weeks from today. 7. With aforesaid observations/ directions, this writ petition is disposed of. Order Date :- 29.4.2025 AK Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad