Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:123687 Court No. - 52 Case :- WRIT - A No. - 8598 of 2025 Petitioner :- Babu Lal Yadav Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Saroj Kumar Yadav Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. The petitioner has preferred present writ petition challenging an
order dated 27.05.2025 passed by respondent no. 4 – District Basic Education Officer, Varanasi, vide which two annual increments in salary have been withheld and the petitioner has been discharged from the post of Incharge Headmaster.
Learned counsel for the petitioner submits that proper procedure as provided under the U.P. Government Servant (Discipline and Appeal) Rules, 1999, has not been followed. At the very outset, learned counsel for the respondents informs that the provisions for filing an appeal exists under Rule-5 of the U.P. Basic Educational Staff Rules, 1973. To the aforesaid objection, learned counsel for the petitioner submits that proper procedure as provided under the Rules, 1999, has not been followed, therefore, it is in violation of principles of natural justice and in this regard the alternative remedy is not a bar. I have perused the record and found that a detailed order has been passed, wherein numerous allegations have been levelled against the petitioner regarding lessor number of registered students in the session, lack of knowledge about transmission of D.B.T. amount into students' accounts, unorganized office of the Headmaster, disarranged library and classrooms etc. For these anomalies, a
charge-sheet has been served upon the petitioner on 06.11.2024, to which the petitioner did not submit reply. It has also been mentioned in the charge-sheet that on the inspection made on 23.05.2025 also there was no improvement in the petitioner's functioning and the deficiencies were still there. The ground taken by the petitioner that the action of the respondent authority is in violation of principles of natural justice, is not made out. In view of the above, ends of justice would be subserved by issuance of a direction upon the respondent authority to consider and decide the claim of the petitioner in accordance with law within a period of three months, if the petitioner moves a representation before it within a period of three weeks from today. It is made clear that this Court has not expressed any opinion on the merits of the case. The authority concerned shall pass the order independently and in accordance with law. The writ petition stands disposed of accordingly. No order as to costs.
Order Date :- 28.7.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad