Neutral Citation No. - 2025:AHC:112876 Court No. - 52 Case :- WRIT - A No. - 9516 of 2025 Petitioner :- Gaurav Kumar Respondent :- State Of Up And 3 Others Counsel for Petitioner :- Siddharth Khare,Sr. Advocate Counsel for Respondent :- Bhupesh Pratap Singh,C.S.C.,Kamal Kumar Kesherwani Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Ashok Khare, learned Senior counsel appearing for the petitioner, learned counsel for the informant/victim, Mr. Bhupesh Pratap Singh, learned counsel for respondent nos.3 and 4 as well as learned Standing Counsel for the State-respondents. The present petition has been filed challenging the orders dated 17.06.2025 and 18.06.2025 passed by Basic Shiksha Adhikari, Bijnor vide which the petitioner has been placed under suspension. Learned counsel for the petitioner submits that the petitoner was appointed as Assistant Teacher in Junior Basic School of District- Bijnor on 17.10.2020 and since then has performed her duties continuously up to the satisfaction of the authorities concerned. The Basic Shiksha Adhikari, Bijnor transferred the petitioner by order dated 10.12.2024 to Prathmik Vidyalay, Hindupur, Development Block Kiratpur. The validity of the aforesaid order was challenged by filing Writ-A No.1038 of 2025 (Gaurav Kumar vs. State of U.P. & Others) and the Court concerned vide order dated 5.2.2025, finally disposed of the petition by directing the Basic Shiksha Adhikari, Bijnor to pass an order on the objections of the petitioner. Despite direction, no orders have been passed and the petitioner is working at the transferred placed since 7.2.2025. The petitioner is an active member of U.P. Prathmik Shikshak Sangh. He has also held a post of President of Kiratpur Development Block in U.P. Junior Shikshak Sangh, U.P. Lucknow. On account of an election, Anand Pal Singh lodged an FIR with the allegations that the petitioner has used abusive language. Later, an affidavit has been given by him that they have amicably settled the dispute and have no grudge against each other. However, the petitioner has been placed under suspension mentioning about the allegations as made in the FIR apart from other allegations. The Basic Shiksha Adhikari, by order dated 18.06.2025 directed for attachment of petitioner with Block Resource Centre, Aleypur, Dhampur, Bijnor and has appointed a 3 Member Committee for the enquiry. The aforesaid order have been challenged on the ground that the same are contrary to the provisions of U.P. Government Servant (Disciplinary & Appeal) Rules, 1999 as none of the allegations levelled against the petitioner are of such nature which may culminate into an order of major penalty. One of the allegations as mentioned in the suspension order is with respect to Anand Pal Singh which stands retracted as he has given an affidavit in this regard. Even if, the version of the FIR is taken into consideration, then too there is no allegation of abusing or beating Anand Pal Singh. Thus, the order is arbitrary and illegal as it is based on non- existing allegations. The order of attachment to Block Resource Centre, Aleypur, Dhampur is also bad in the eyes of law as there is no requirement for attaching the petitioner at a Resource Centre. Learned counsel for respondent nos.3 and 4 as well as learned Standing Counsel for the State submit that there is no illegality or infirmity in the order. They further submit that it is a trite law that the suspension is not a punishment. They also contend that the Supreme Court in the case of Public Services Tribunal Bar Association vs. State of U.P. And Another, reported in (2003) 4 SCC 104, has held that ordinarily, the High Court should not stay suspension, transfer and termination orders. In view of the above, no interference is required by this Court at this stage. The petition is disposed of with the direction to the respondent no.4-Basic Shiksha Adhikari, Bijnor to conclude the disciplinary proceeding/final inquiry against the petitioner, strictly in accordance with law, after giving notice and opportunity of hearing to all the parties, as expeditiously as possible, preferably within a period of three months from date of production of certified copy of this order, if there is no legal impediment. Order Date :- 14.7.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad