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Neutral Citation No. - 2025:AHC:79924 Court No. - 7 Case :- WRIT - A No. - 6427 of 2025 Petitioner :- Shivendra Kumar Rai Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Siddharth Khare Counsel for Respondent :- Vageesh Pandey,Anand Shankar Dubey,C.S.C.,Lavlesh Kumar Shukla Hon'ble Vikram D. Chauhan,J.
1. Heard Sri Ashok Khare, learned Senior Counsel for the petitioner, Sri Lavlesh Kumar Shukla, learned counsel for respondent no. 3, Sri Vageesh Pandey, learned counsel for respondent no. 6 and learned Standing Counsel for the respondent- State.
2. The present writ petition has been filed with the following prayers :-
"i) a writ, order or direction in the nature of certiorari quashing the order dated 21.04.2025 passed by the Authorized Controller, Shri Bajrang Post Graduate College, Dadar Ashram, Sikanderpur, District Ballia (Annexure-1 to the Writ Petition); ii) a writ, order or direction of suitable nature commanding the respondents not to interfere in the functioning of the petitioner as a Stenographer at Shri Bajrang Post Graduate College, Dadar Ashram, Sikanderpur, District Ballia and to pay the petitioner his full monthly salary regularly every month; iii) a writ, order or direction of suitable nature commanding the respondents to accord all benefits of continuity in service, seniority and arrears of salary and to disburse all arrears of withheld salary within the period to be specified by this Hon'ble Court."
3. Learned Senior Counsel appearing on behalf of the petitioner submits that by impugned order services of the petitioner has been terminated by the Authorized Controller of the Institution. The impugned order refers enquiry report dated 23.1.2025, however, copy of the aforesaid enquiry report has not been served on the petitioner and earlier report dated 26.12.2020 and the present
report dated 23.1.2025 are different. It is further submitted that even approval of the Regional Higher Education Officer under statute 18.02 has not been taken into consideration and as such, the
order is bad in law.
4. Learned counsel for respondent no. 6 and learned Standing Counsel for respondent-State although tried to oppose the writ petition, however, submits that in view of the objection raised by the petitioner, the matter may be remanded back for holding enquiry after supplying copy of the enquiry report dated 23.1.2025 to the petitioner.
5. Learned Senior Counsel appearing on behalf of the petitioner has no objection.
6. Considering the facts and circumstances of the case, the impugned order dated 21.04.2025 passed by the Authorized Controller, Shri Bajrang Post Graduate College, Dadar Ashram, Sikanderpur, District Ballia - respondent no. 5 is hereby set aside and the matter is remanded back to respondent no. no. 5 for holding proceeding from stage after supplying copy of the enquiry report dated 23.1.2025 to the petitioner.
7. Accordingly, the writ petition is allowed.
Order Date :- 15.5.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad