Neutral Citation No. - 2025:AHC:110221 Court No. - 52 Case :- WRIT - A No. - 9178 of 2025 Petitioner :- Devendra Pratap Tyagi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Kamal Kumar Kesherwani Counsel for Respondent :- Ashish Kumar Singh,C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Kamal Kumar Kesherwani, learned counsel for the petitioner, Mr. Ashish Kumar Singh, learned counsel for respondent nos.2, 3 and 4 as well as learned Standing Counsel for the State-respondent and perused the record. This writ petition has been filed by the petitioner with the following prayers:- (a) Issue, a writ or order in the nature of Certiorari for quashing the impugned order dated 14.06.2025 passed by the respondent no.3- District Basic Education Officer, District Agra (Annexure No.1 to the writ petition). (b) Issue, a writ, order or direction in the nature of mandamus commanding and directing the respondent authorities to permit the petitioner to function as Assistant Teacher at Upper Primary School Pirautha, Block Khandauli, District Agra and to pay regular monthly salary on the said post months to months. Learned counsel for the petitioner submits that the petitioner was appointed as Assistant Teacher under the dying-in-harness scheme on 07.09.2001. He further submits that the petitioner was placed under suspension by order dated 30.04.2025 after which charge sheet was given to him on 13.05.2025. The petitioner submitted a reply to the aforesaid on 14.05.2025. However, without noticing the aforesaid reply and without conducting a proper inquiry, the order impugned has been passed, therefore, the impugned order is illegal, arbitrary and bad in the eyes of law and liable to be quashed. Learned counsel for the respondent nos.2, 3 & 4 could not dispute the aforesaid fact. Learned Standing Counsel for the State-respondents though opposed the submission made by learned counsel for the petitioner, but submits that the matter may be remanded back to the respondent no.3 for passing fresh reasoned order. Accordingly, the writ petition is allowed. The impugned order dated 14.06.2025 passed by respondent no.3 is hereby set-aside. The matter is remanded back to respondent no.3-District Basic Education Officer, District- Agra for decision afresh, ignoring the delay, if any, on merits, strictly in accordance with law, by means of reasoned and speaking order, after giving fresh notice and opportunity of hearing to the petitioner as well as considering the explanation of the petitioner, preferably within a period of six weeks from today, if there is no legal impediment. Order Date :- 10.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad