Neutral Citation No. - 2025:AHC:109400 Court No. - 52 Case :- WRIT - A No. - 9028 of 2025 Petitioner :- Santosh Kushwaha And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arpit Malviya,Awadhesh Kumar Malviya Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. A.K. Malviya, learned counsel for the petitioners, Mr. Vipin Bihari, learned counsel for respondent nos. 2 and 4 as well as learned Standing Counsel for the State-respondent and perused the record. This writ petition has been filed by the petitioners challenging an order dated 29.07.2024 passed by respondent no. 2 and consequential order dated 02.08.2024 passed by respondent no. 3 only to the extent that arrears of increment has not been paid to the petitioners. Learned counsel for the petitioners submits that the petitioners are Assistant Teachers at Kanya Uchch Prathmik Vidyalaya, Manihari, Ghazipur. They were awarded punishment for some sweeping work alleged to have been done by the students in the institution. However, in the inquiry report submitted by the Block Education Officer, Manihari, Ghazipur on 30.05.2023, they were exonerated from the charges. Said inquiry report was communicated to the Regional Assistant Director of Basic Education and thereafter to the Director of Basic Education. However, the Secretary, Basic Education, passed the order impugned dated 19.04.2024 without considering the inquiry report. Thereafter, the District Basic Education Officer, Ghazipur has passed the consequential order on 02.08.2024. It is contended by learned counsel for the petitioners that without noticing the aforesaid fact, the orders impugned have been passed without recording any reason, therefore, the impugned orders are illegal, arbitrary and bad in the eyes of law and are liable to be quashed. Learned counsel for the respondents could not dispute the aforesaid fact and submitted that the matter may be remanded back to the respondent no.2 for passing a fresh reasoned order. Accordingly, the writ petition is allowed. The impugned orders dated 29.07.2024 and 02.08.2024 passed by respondent nos. 2 & 3 respectively, to the extent of withholding payment of arrears of increment of the petitioners, are hereby quashed. The matter is remanded back to respondent no.2 for decision afresh, on merits, strictly in accordance with law, by means of reasoned and speaking order, after giving fresh notice and opportunity of hearing to the petitioners as well as considering the explanation of the petitioners preferably within a period of six weeks from today, if there is no legal impediment. Order Date :- 9.7.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad