Neutral Citation No. - 2025:AHC:82024 Court No. - 6 Case :- WRIT - A No. - 6868 of 2025 Petitioner :- Smt. Hemlata Sagar Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Amit Shukla Counsel for Respondent :- C.S.C.,Rama Nand Pandey Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Amit Shukla, learned counsel for petitioner and Sri Lal Mani Tripathi, Advocate holding brief of Sri Rama Nand Pandey, learned counsel for respondent. 2. This is second round of litigation, petitioner has earlier approached this Court by way of filing a Writ Petition No.5210 of 2025, which was disposed of by order dated 23.04.2025, with a direction to provide detailed speaking order. 3. In pursuance of above order, a copy of speaking order dated 22.02.2025 was provided to petitioner, whereby petitioner was awarded punishment of an adverse entry as well as she was transferred to another school. 4. Learned counsel for petitioner has able to show that procedure prescribed under the relevant rules specifically Rule 9 of U.P. Government Servant (Discipline and Appeal) Rules, 1999 was not followed i.e. when an inquiry report was submitted to Disciplinary Authority, no show cause notice along with charge-sheet was submitted to petitioner, therefore, a chance for petitioner to submit her stand was forfeited. Learned counsel has also able to show that since in inquiry report all charges were not found proved, except a reference in note also that petitioner an Officiating Principal and an Assistant Teacher same school are not cordial they quarrel oftenly and its adverse effect falls on teaching and atmosphere of school. 5. Learned counsel for respondent has not able to convince the Court that procedure prescribed under the Rule 9 of 1999 Rules was followed. 6. At this stage, learned counsel for petitioner on instruction submits that petitioner has not joined the transferred place and she is on leave, however, it is not on record whether the leave has been sanctioned or not, therefore, petitioner is on leave without any reason for about two and a half months, which hamper imparting of education. 7. I have considered the above submission and perused the record. The referred procedure as prescribed in relevant provision at the stage of show cause notice by disciplinary authority was not followed, therefore, impugned order is interfered and it is directed that disciplinary authority will issue a fresh show cause notice along with copy of inquiry report and thereafter concluded the departmental proceeding expeditiously. 8. An argument that in aforesaid circumstances, the order of transfer be also interfered is considered, however, as referred above, conduct of petitioner is not bonafide since she has not joined at the transferred place and she is on leave without any reason, therefore, this writ petition is disposed of with the direction that departmental proceeding shall be concluded within 8 weeks after commencing it as referred above, however, order of transfer is not interfered and in case petitioner does not join at the transferred place within 3 days, it may be a reason to initiate a fresh inquiry, however, order of transfer shall remain subject to outcome of inquiry proceedings. 9. The petitioner will always try to make cordial relations with other staff of the school since it is not only adverse for regular working atmosphere but would also adversely affect studies of students. Order Date :- 17.5.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad