Neutral Citation No. - 2025:AHC:60054-DB Court No. - 29 Case :- SPECIAL APPEAL No. - 611 of 2024 Appellant :- Ghanshyam Verma Respondent :- State Of Up And 3 Others Counsel for Appellant :- B.S. Pandey,Kartikey Pandey Counsel for Respondent :- Ashok Kumar Singh,C.S.C.,Santosh Kumar Yadav Hon'ble Ashwani Kumar Mishra,J. Hon'ble Praveen Kumar Giri,J. 1. This appeal is directed against a judgment and order passed by learned Single Judge dated 7.3.2024 in Writ-A No.22952 of 2014, whereby the learned Single Judge has refused to interfere in the order of the District Basic Education Officer dated 13.2.2014. Learned Single Judge has referred to the seriousness of allegations made against the appellant and has observed that the petitioner is not entitled to any relief. 2. The allegation against the appellant is that he has allowed his cousin namely Roop Narain Verma to join in his place and he also worked and received salary. Subsequently a complaint was made and the payment of salary was stopped. The grievance in respect of action taken by the employer was brought to this Court in Writ-A No. 62613 of 207, which was allowed vide following orders passed on 12.9.2012:- "Considered the submission of learned counsel for the parties, this is not disputed that the petitioner was selected as Assistant Teacher in the year, 1999 and was sent for Special B.T.C. Training. The dispute is that in place of petitioner his cousin joined as Assistant Teacher and during that period petitioner continued working at B.S.P.College, Rajashthan. Supplementary affidaivt dated 17.01.2011, along with a photocopy of the letter sent by Principal of B.S.P. College, Rajashtahn has been filed as Annexure S.A.1, which is addressed to the District Basic Education Officer, Basti. According to that information and letter dated 27.12.2005, the petitioner has continued to work there as ad hoc lecturer, prior to 18.05.1999, when he has resigned, whose resignation was accepted. He was not working after 18.05.1999. This information by the principal was directly sent the D.B.E.O., Basti. However, according to the learned counsel for the respondents the information was received from the B.S.P. College, Rajashthan, that he has continued to work during that period after 18.05.1999. No disciplinary proceeding and proper enquiry was conducted. The service of the petitioner is not terminated, hence impugned order for handing over the charge as Annexures No.10 and 11 to the writ petition passed by respondents no.2 and 3 respectively, are hereby quashed. Considering the facts and circumstances of the case, the District Basic Education Officer, Basti, respondent no.2 is directed to consider the matter afresh after affording full opportunity of hearing to the petitioner in accordance with law and pass a reasoned and speaking order, preferably within four months. Till afresh order is passed, the petitioner is entitled for the salary and the respondents will ensure payment of the same. Accordingly, the writ petition is hereby allowed. No order as to costs." It is thereafter that the impugned order has been passed. 3. Learned counsel for the appellant submits that despite the aforesaid direction of the Writ Court, the authorities did not pass any fresh order, as a result of which contempt proceedings were initiated. It is thereafter that the proceedings were initiated before the authority concerned. The appellant in para 25 of the writ petition has stated that one M.R. Rajbhar was the District Basic Education Officer, Basti, who heard the matter on 4.4.2013. However, he did not pass any order. Sri Verma was transferred on 8.7.2013. Thereafter one Harikesh Yadav was posted as District Basic Education Officer, who too was transferred on 23.9.2013. It is thereafter that Dr. Dharamvir Singh has joined and is working since 23.9.2013. The order impugned has been passed by Dr. Dharamvir Singh. In para 26 of the writ petition, it is stated that Dr. Dharamvir Singh was served with contempt notice, whereafter he proceeded to pass the impugned order without affording any opportunity of hearing to the appellant. The specific case of the appellant is that the officer, who passed the order, had never heard him. A counter affidavit has been filed in which para 25 and 26 are vaguely denied. There is no specific denial of the fact that the officer, who has passed the order, has not heard the appellant. 4. Learned Single Judge has also found substance in the grievance raised with regard to denial of opportunity of hearing but considering the seriousness of the allegation made, learned Single Judge has refused to interfere in the matter. 5. Howsoever, serious the allegation may be but when this Court in the previous round of litigation has specifically directed an opportunity of hearing to be given to the petitioner, it was expected that District Basic Education Officer would afford him an opportunity of hearing. 6. From the material placed on record, it is apparent that the officer, who has passed the order, has not heard the appellant. In such circumstances, we find that learned Single Judge is not justified in refusing to interfere in the writ petition only because allegations are serious. 7. Consequently, this special appeal succeeds and is allowed. Judgment and order passed by learned Single Judge dated 7.3.2024 is set aside. Since the allegations are serious against the appellant, we do not deem it appropriate to quash the order of District Basic Education Officer, Basti, dated 13.2.2014, rather we provide for post decisional hearing to the petitioner in the matter. The appellant shall appear before the District Basic Education Officer on 29.4.2025. The District Basic Education Officer will afford an opportunity of hearing to the institution concerned and after examining the original records and affording opportunity of hearing would pass a fresh order, within a period of two months from the date of presentation of a certified copy of this order. The order under challenge before the Writ Court dated 13.2.2014 shall remain subject to the fresh orders to be passed by the authority concerned. Order Date :- 22.4.2025 Anil Digitally signed by :- ANIL KUMAR PATEL High Court of Judicature at Allahabad