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2025 DAILYLAW 72193 (ALL)

SANJAY KUMAR v. STATE OF U.P. AND 2 OTHERS

WRIA/9109/2025 · 2025-07-08

Mayur Jain Jt Registrar J Listing

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:108989 Court No. - 32 Case :- WRIT - A No. - 9109 of 2025 Petitioner :- Sanjay Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Yakub Ali Counsel for Respondent :- C.S.C. Hon'ble Chandra Dhari Singh,J. 1. The instant writ petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of Certiorari for quashing the impugned suspension order dated 07.10.2024 passed by the respondent no. 3 (Manager Bapu Shatabdi Intermediate College, Jahda, Basuli Farm, Maharajganj) as well as approval order dated 27.11.2024 passed by the respondent no. 2/District Inspector of School, Maharajganj (D.I.O.S.). (i) Issue a writ, order or direction in the nature of Mandamus commanding and directing to the respondent authorities to reinstate the petitioner in his service with all consequential benefits in the said institution. " 2. Learned counsel appearing on behalf of petitioner submitted that he has been suspended vide impugned order dated 07.10.2024 by respondent no.3 as well as order dated 27.11.2024 passed by the District Inspector of Schools concerned. It is further submitted that enquiry has been instituted by way of constituting three members committee but yet enquiry has not been completed. Learned counsel has also referred a letter written by Enquiry Officer stating therein that he has not taken into confidence during enquiry proceeding, therefore, the enquiry initiated against him is vitiated. It is further submitted that there are no chance of conclusion of enquiry in near future as there are certain disputes amongst the members of enquiry committee. In view of the above, it has been prayed that impugned order of suspension of petitioner may be set aside by allowing the instant writ petition. 3. Per contra, Sri Saurabh, learned Standing Counsel appearing on behalf of State-respondents vehemently opposed the instant writ petition and submitted that impugned suspension order has been passed after taking into consideration the allegations made against the petitioner by the Committee, which was duly approved by the District Inspector of Schools. Learned Standing Counsel submitted that enquiry proceeding pending against the petitioner shall be concluded in near future. It is further submitted that whatever argument advanced by learned counsel for the petitioner is without any force or sanctity of law, the instant writ petition is devoid of merit and is liable to be rejected. 4. Heard Sri Junaid Alam holding brief of Sri Yakub Ali, learned counsel for the petitioner and Sri Saurabh, learned Standing counsel for the State-respondents and perused the contents made in the writ petition. 5. At this juncture, learned counsel for the petitioner prayed for innocuous prayer that instant writ petition may be disposed of directing the authority concerned to ensure the completion of the enquiry expeditiously to which learned Standing Counsel has no objection. 6. Taking into consideration the innocuous prayer made by learned counsel for the petitioner as no objection has been made by learned Standing Counsel, without entering into the merits of the case, the enquiry committee is directed to complete the enquiry pending against the petitioner and submit a report to the concerned competent authority expeditiously, preferably within a period of three months. 7. With the aforesaid observations, the writ petition is disposed of. Order Date :- 9.7.2025 AKT (Chandra Dhari Singh,J.) Digitally signed by :- ASHOK KUMAR TRIPATHI High Court of Judicature at Allahabad