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2025 DAILYLAW 72718 (ALL)

SMT. SOHINI GARG v. STATE OF U.P. AND 3 OTHERS

WRIA/9179/2025 · 2025-07-09

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110439 Court No. - 52 Case :- WRIT - A No. - 9179 of 2025 Petitioner :- Smt. Sohini Garg Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Ajay Mishra,Shri Krishna Mishra Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Shri Krishna Mishra, learned counsel for the petitioner, Mr. Ashish Kumar Singh, learned counsel for respondent no.3 as well as learned Standing Counsel for the State-respondents and perused the record. This writ petition has been filed by the petitioner with the following prayer:- "I. Issue a writ order or direction in the nature of Certiorari to quash the impugned order dated 15.06.2025 passed by the respondent No.3 (Annexure No.5 to this writ petition)." Learned counsel for the petitioner submits that the petitioner was working as an Assistant Teacher and was placed under suspension by order dated 15.02.2025, after which charge sheet was given to her on 15.04.2025, to which she submitted a reply on 25.04.2025. He further submits that in the inquiry as conducted, the charges against the petitioner were not proved as is evident from the inquiry report dated 24.05.2025. However, without following the proper procedure as provided under the law, impugned order has been passed, therefore, the impugned order is illegal, arbitrary and bad in the eyes of law and is liable to be quashed. Learned counsel for respondent no.3 could not dispute the aforesaid facts. Learned Standing Counsel for the State-respondents though opposed the submissions 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 15.06.2025 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