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Neutral Citation No. - 2025:AHC:135425 Court No. - 32 Case :- WRIT - A No. - 9505 of 2025 Petitioner :- Jyoti Bajpai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Arvind Kumar Verma,Mahesh Sharma Counsel for Respondent :- Aishwarya Pratap Shahi,C.S.C.,Nipun Singh Hon'ble Chandra Dhari Singh,J.
1. The instant writ petition has been filed by the petitioner for the following reliefs:-
"a) Issue a writ order or direction in the nature of certiorari quashing the
order dated 24.05.2025 passed by respondent no. 2 (Annexure No. 1 to the writ petition), in the interest of justice. b) Issue a writ order or direction in the nature of mandamus directing the respondent authorities to permit the petitioner to work on the post of Assistant Teacher in L.T. Grade (English) at Amarnayak Swami Rahul Singh Rastriya Inter College, Shahpur, Muzaffar Nagar and to pay her salary and other benefits as and when it falls due as well as arrears of salary alongwith interest, in the interest of justice. c) Issue a writ order or direction in the nature of mandamus directing the respondent authorities not to interfere in the working of the petitioner as Assistant Teacher in L.T. Grade (English) at Amarnayak Swami Rahul Singh Rastriya Inter College, Shahpur, Muzaffar Nagar."
2. Mr. Nipun Singh, learned counsel appearing on behalf of Committee of Management, Amarnayak Swami Rahul Singh Rastriya Inter College, Shahpur, Muzaffar Nagar (Respondent no. 3) has submitted that inquiry against the petitioner has already been concluded and charges levelled against her were found proved. It is further submitted that thereafter, on the basis of inquiry report, Respondent no. 3 has proposed for termination of the petitioner from service and sent the same to the District Inspector of Schools, Muzaffar Nagar (hereinafter referred to as the DIOS) for approval.
3. Learned counsel appearing on behalf of respondent no. 3, therefore, submits that nothing is left for adjudication in the instant writ petition.
4. Mr. G.K. Singh, learned senior counsel assisted by Mr. Mahesh Sharma, appearing on behalf of the petitioner, on instructions, submitted that since inquiry has already been concluded and the matter has been referred to the DIOS as submitted by the learned counsel for respondent no. 3, he prays that he may be allowed to pursue the matter before the DIOS before whom the proposal of termination of the petitioner is still pending.
5. Mr. Singh further prayed that the petitioner may be given liberty to appear before the DIOS and after hearing the petitioner and any other effective parties, the DIOS may take decision on the approval of termination of the petitioner as recommended by respondent no. 3.
6. Heard learned counsel appearing on behalf of the petitioner and
learned counsel appearing on behalf of respondent no. 3.
7. In the instant writ petition only suspension order of the petitioner has been challenged, but taking into consideration of further developments as pointed by the learned counsel appearing on behalf of respondent no. 3, the aforesaid submissions made by the learned counsel for the parties, I am of the view that since the inquiry against the petitioner has already been concluded and on the basis of inquiry report, a proposal of termination has been referred to the DIOS for approval, the prayer made by Mr. Singh to allow him to peruse the matter before the DIOS, is allowed.
8. The DIOS concerned is directed to pass appropriate orders after according full opportunity of hearing to the petitioner or any other effective parties expeditiously, preferably, within a period of six weeks from the date of receipt of certified copy of this order.
9. Accordingly, the instant writ petition is disposed off.
Order Date :- 11.8.2025 S.K.S. (Chandra Dhari Singh,J.) Digitally signed by :- SUNIL KUMAR SINGH High Court of Judicature at Allahabad