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2025 DAILYLAW 62013 (ALL)

SUNITA v. STATE OF U.P. AND 6 OTHERS

WRIA/8749/2025 · 2025-07-17

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116833 Court No. - 52 Case :- WRIT - A No. - 8749 of 2025 Petitioner :- Sunita Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- D.M.Tripathi,P.K. Upadhyay Counsel for Respondent :- Akanksha Sharma,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. P.K. Upadhyay, learned counsel for the petitioner, Ms. Akanksha Sharma, learned counsel for respondent nos. 4 and 5 and learned Standing Counsel for State-respondents. 2. This Court has passed the following order on 10.07.2025:- "1. Heard Mr. P.K. Upadhyay, learned counsel for the petitioner, Ms. Akanksha Sharma, learned counsel for the respondent nos. 4 and 5 and learned Standing Counsel for the State-respondents. 2. The present petition has been filed challenging the order dated 07.05.2025 passed by respondent no.4 for which the petitioner placed under suspension. 3. Learned counsel for the petitioner submits that the order impugned has been passed without any notice of opportunity of hearing to the petitioner. 4. Ms. Akanksha Sharma, learned counsel for the respondent nos. 4 and 5 on the basis of instructions submits that there is some personal dispute between the petitioner and respondent no.6. After inquiry both have been placed under suspension. As per the instructions inquiry has been concluded on 07.07.2025, accordingly, notice has been given on 09.07.2025 to both the petitioner as well as respondent no.6. She further submits that there are six teachers in the institution and only 21 student. These students are not regularly attending the institution and its only paper formality. 5. On the aforesaid, the learned counsel for the petitioner prays for and is granted a week's time to obtain instructions whether the notice and inquiry report has been given to the petitioner. 6. Put up this case as fresh on 18.07.2025, showing the name of Ms. Akanksha Sharma, Advocate, as counsel for the respondent nos. 4 and 5. " 3. Learned counsel for the petitioner submits that notice and inquiry report has already been given to him and a reply to the same has been submitted by him on 15.07.2025. He further prays that a direction may be issued to conclude the said inquiry. 4. Learned counsel for the respondent nos. 4 and 5 submits that the reply, given by the petitioner, to the notice, dated 09.07.2025, has been received yesterday i.e. 17.07.2025 in the concerned office. 5. The petition is disposed of with the direction to the respondent no.4- District Basic Shiksha Adhikari, Moradabad and respondent no.5- Block Education Officer, Thakurdwara, Moradabad to conclude the disciplinary proceeding/final inquiry against the petitioner, strictly in accordance with law, after giving notice and opportunity of hearing to all the parties, as expeditiously as possible, preferably within a period of two weeks from date of production of certified copy of this order, if there is no legal impediment. However, the petitioner will be at liberty to challenge the final orders passed by respondent nos. 4 and 5. Order Date :- 18.7.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad