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Neutral Citation No. - 2025:AHC:67192 Court No. - 6 Case :- WRIT - A No. - 5635 of 2024 Petitioner :- Chheda Lal Gangwar Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Manu Saxena,Radhamani Saxena Counsel for Respondent :- C.S.C.,Shashi Kant Srivastava Hon'ble Saurabh Shyam Shamshery,J. 1.Heard Sri Manu Saxena, Radhamani Saxena on behalf of petitioner and Sri Shashi Kant Srivastava for respondent nos.2 and
3.
2. This Court has passed following order on 15.4.2024:
"Heard Mr. Manu Saxena, learned counsel for the petitioner, learned Standing Counsel for State-respondent and Mr. Sashi Kant Srivastava for respondent nos. 2 and 3. The present writ petition has been filed for quashing the orders dated 11.3.2024 and 23.11.2021 passed by respondent no. 2.
Learned counsel for the petitioner submits that termination
order dated 22.9.2021 was passed terminating the petitioner from services, which was assailed by the petitioner before this Court in Writ A No. 14744 of 2021 wherein this Court vide order dated 12.1.2022 has quashed the termination
order dated 22.9.2021 and also directed to conclude the enquiry within three months. He submits that in pursuance of the order of this Court dated 12.1.2022, fresh enquiry was started against the petitioner and the petitioner was again terminated from service vide order dated 10.8.2022, thereafter the petitioner has preferred a departmental appeal before the Secretary, Basic Shiksha Parishad, on 9.1.2023 in which neither any interim order has been passed nor the same has been decided till date. He further submits that on the one hand the appeal is still pending but on the other hand the recovery proceedings has been initiated in pursuance of the order dated 22.9.2021, which is bad.
Learned counsel appearing on behalf of respondent nos. 2 and 3 cannot dispute the said fact. In view of above, the matter requires consideration. Notice on behalf of respondent no. 1 has been accepted by Chief Standing Counsel and on behalf of respondent nos. - 2 and 3 has been accepted by Mr. Shashi Kant Srivastava. Admit. All the respondents are granted six weeks' time to file counter affidavit. Rejoinder, if any, may be filed within four weeks thereafter. List thereafter. Until further orders of this Court, the effect and operation of the impugned orders dated 11.3.2024 and 23.11.2021 passed by respondent no. 2, shall be kept in abeyance."
3. Learned counsel for the petitioner submits that according to his instructions appeal has still not been decided.
4. Learned counsel for the respondents seeks further time to file counter affidavit, however, he assures the Court that if the appeal is still pending it shall be decided within a short period.
5. In the aforesaid circumstances, this writ petition is disposed of with following directions: (a) Appeal if is still pending, it shall be decided within a period of four weeks. (b) So far as interim order is concerned, it shall remain in currency till the disposal of appeal.
6. It is made clear that this Court has not entered into the merits of the case.
7. Registrar (Compliance) to take steps.
Order Date :- 30.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad