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Neutral Citation No. - 2025:AHC:107968 Court No. - 32 Case :- WRIT - A No. - 7620 of 2025 Petitioner :- Mahipal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nabeela Arjumand,Prabhakar Awasthi Counsel for Respondent :- Adarsh Singh,C.S.C.,Indra Raj Singh Hon'ble Chandra Dhari Singh,J.
1. The instant writ petition has been filed for the following reliefs:-
" i. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 08.04.2025 passed by the Authorized Controller (Annexure No.1 to the writ petition). ii. Issue a writ, order or direction in the nature of Certiorari calling for the records of the case and to quash the impugned order dated 16.04.2025 passed by the District Inspector of Schools, Amroha (Annexure No.2 to the writ petition) iii. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to forthwith entrust the duties in favour of petitioner on the post of Officiating Principal. iv. Issue a writ, order or direction in the nature of Mandamus commanding the respondents to pay salary to the petitioner on the post of Officiating Principal month by month as and when same falls due strictly in accordance with law. " 2.Sri Prabhakar Awasthi, learned counsel appearing on behalf of petitioner place the affidavit before this Court in pursuance of the
order dated 03.07.2025, which is taken on record. 3.Sri Awasthi, learned counsel appearing on behalf of petitioner after some length argument, made innocuous prayer that since he has not been heard by the respondent no.2-District Inspector of Schools, Amroha while passing the impugned order, therefore, the District Inspector of Schools concerned may be directed to pass a fresh order expeditiously in accordance with law after hearing the effective parties and also taking into consideration the enquiry report dated 15.04.2025 which is appended as Annexure No. 11 of the paper book .
4. Sri Vijay Prakash Mishra, learned Standing Counsel appearing on behalf of respondent nos. 1, 2 and 3 vehemently opposed the instant petition but not opposed the innocuous prayer as made by
learned counsel for the petitioner.
5. Sri Indra Raj Singh, learned counsel appearing on behalf of respondent no.4 vehemently opposed the submissions and contents made in the writ petition and submitted that this is wrong to say that petitioner has been acquitted from all the charges as submitted by learned counsel for the petitioner during arguments by taking reference of Annexure No. 11 of the paper book. He has submitted that petitioner has failed to make out any case on merit but he has not opposed the innocuous prayer made by learned counsel for the petitioner as above.
6. Heard Sri Prabhakar Awasthi, learned counsel for the petitioner, Sri Vijay Prakash Mishra, learned Standing Counsel for respondent nos. 1, 2 and 3, Sri Indra Raj Singh, learned counsel for the respondent no.4 and perused the contents made in the writ petition as well as material on record relied upon by respective counsel for the parties during arguments.
7. After considering the entirety of the matter, it is admitted fact that petitioner has not been heard while passing the impugned
order by respondent no.2, District Inspector of Schools, Amroha, therefore, in the interest of justice, the innocuous prayer made by
learned counsel for the petitioner is allowed. 8.Learned counsel for the petitioner is directed to file a fresh detailed representation along with the present writ petition and certified copy of this order before respondent no.2 District Inspector of Schools, Amroha within a week. Thereafter, the respondent no.2 is directed to give opportunity of hearing to all the effected parties and pass a detailed and reasoned order in accordance with law, expeditiously, preferably within a period of six weeks without influencing from the order dated 16.04.2025 from the date of receipt of the said representation.
9. With the aforesaid observations/directions, the writ petition is
disposed of.
Order Date :- 7.7.2025 AKT (Chandra Dhari Singh, J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad