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Neutral Citation No. - 2025:AHC:86059 Court No. - 6 Case :- WRIT - A No. - 6547 of 2025 Petitioner :- Surekha Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhijeet Pratap Singh,Hemendra Pratap Singh Counsel for Respondent :- C.S.C.,Udit Chandra Hon'ble Saurabh Shyam Shamshery,J.
1. Heard Sri Hemendra Pratap Singh, learned counsel for the petitioner and Sri Udit Chandra for the respondent no.2. 2. In the present case, petitioner has challenged the communications dated 23.12.2024 and 25.2.2025, that since there were observations in the inquiry report that petitioner became aggressive, therefore, it was directed that petitioner may be examined by qualified doctors in regard to her anxiety and communication was sent to the Director Mansik Swasthya Sansthan Evam Chikitsalaya, Agra. Both communications have similar controversy. 3. Learned counsel for the petitioner submitted that petitioner is being harassed and is considered as a mentally disturbed person and there is no provision that petitioner can be medically examined on a direction of concerned respondent, against her will. 4. Learned counsel for the respondents submitted that basis of observations made in the inquiry report such steps were taken which may be beneficial for the petitioner. However, he fairly submitted that petitioner cannot be forced to undergo such examination and departmental inquiry will be concluded within a period of three months. 5. Learned counsel for the petitioner submitted that reply to the inquiry report has been submitted and petitioner will co-operate during further departmental proceedings. 6. Court also take note of rival submissions that departmental proceedings can be concluded within a short period since reply has already been submitted to inquiry report, therefore, this writ petition is disposed of with a direction that departmental proceedings be concluded within a period of eight weeks subject to co-operation of petitioner. In case, petitioner tries to prolong the departmental proceedings, it may be a ground to take fresh action against her. 7. Court further directs that petitioner cannot be forced to undergo medical examination of such nature. So far as medical health is concerned, if the petitioner herself is willing to undergo medical examination or counseling she can appear before the concerned respondent or Medical Board. Though the Court advises that it will be better for the petitioner to get counseling by some expert counsellor as it would also have good effect on her duties as Teacher.
Order Date :- 21.5.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad