Neutral Citation No. - 2025:AHC:61028 Court No. - 6 Case :- WRIT - A No. - 482 of 2025 Petitioner :- Awanish Kumar Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Hritudhwaj Pratap Sahi,Samarath Singh Counsel for Respondent :- C.S.C.,Pankaj Roy,Prabhakar Awasthi,Ram Sevak Yadav And Case :- WRIT - A No. - 2373 of 2025 Petitioner :- C/M, Surya Narayan Purva Madhyamik Vidyalay, Pindra, Varanasi And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Kamlesh Kumar Yadav Counsel for Respondent :- C.S.C.,Hritudhwaj Pratap Sahi,Samarath Singh Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri V.K. Singh, learned Senior Counsel assisted by Sri Anil Mishra, learned counsel for petitioner and Sri Kamlesh Kumar, learned counsel for petitioner in Writ- A No.2373 of 2025 and Sri A.K. Singh Nagvanshi, learned A.C.S.C. for State. 2. The petitioner was suffered with a suspension order dated 19.09.2019 and thereafter a charge-sheet was issued and subsequently an inquiry report dated 12.10.2020 was submitted. Thereafter a show-cause notice dated 14.10.2020 was issued and petitioner was called upon to appear. The show-cause notice does not disclose that a copy of inquiry report was served or not. Later on purportedly, a resolution dated 26.10.2020 was adopted by Committee of Management and only on basis of an inquiry report, a proposal of termination was adopted and papers were forwarded to District Basic Education Officer, Varanasi. 3. Meanwhile, since matter was taking attention of this Court in regard to challenge of order of suspension, which reached up to Division Bench and finally an order dated 18.09.2024 was passed with direction to B.S.A. to take decision in Special Appeal No.271 of 2024, taking note of an earlier order dated 02.12.2020 passed in Writ Petition No.7974 of 2020. 4. In the aforesaid circumstances, an order dated 27.12.2024 was passed and relevant part of it is reproduced hereinafter :- ननिररय शश्री अवनिश्रीश कक ममार रमाय ननिलममम्बित सहमायक अध्यमापककं एवकं कमायरवमाहक प्रधमानिमाध्यमापक , आनडिट ररपपोटर-नदिनिमाकंक 28-11-2020 कके अनिकसमार अननियनमततमा कके एवकं गम्बिनि कके दिपोषश्री हहै। सकंस्थमा प्रम्बिन्धक दमारमा म्बिबक डिकेनटकंग करकके नवदमालयश्री प्रम्बिन्ध सनमनत कमा प्रस्तमाव नदिनिमाकंक 26-10-2020 तहैयमार कर अपनिके पत्र नदिनिमाकंक 14-09-2022 कके दमारमा अधपोहस्तमाक्षरश्री कके कमायमारलय मम नदिनिमाकंक 21-09-2022 कपो तथमाकथथत नवदमालयश्री प्रम्बिन्ध सनमनत कमा प्रस्तमाव नदिनिमाकंक 26-10-2020 लगभग 23 महश्रीनिके मम प्रस्तकत नकयमा गयमा। अततः ननिमनिवतत् ननिररय ननिगरत नकयमा जमातमा हहै- 1-शश्री अवनिश्रीश कक ममार रमाय ननिलममम्बित सहमायक अध्यमापक कके सकेवमा सममानप्ति कपो नवदमालयश्री प्रम्बिन्ध सनमनत कके प्रस्तमाव नदिनिमाकंक 26-10-2020 कपो अस्वश्रीकमार नकयमा जमातमा हहै। 2- गम्बिनि ककी गयश्री धनिरमानश ककी वससूलश्री शश्री रमाय कके वकेतनि सके नकयमा जमाय एवकं उत्तर प्रदिकेश सरकमारश्री सकेवक (अनिकशमासनि एवकं अपश्रील) ननियममावलश्री 1999 मम दिश्री गयश्री व्यवस्थमा कके अनिकसमार नवदमालय प्रम्बिन्ध सनमनत स्वयकं ननिररय लकेकर लघक दिण्डि कके रूप मम दिपो वकेतनि ववृनद स्थमायश्री रूप सके अवरूद करनिके हकेतक नवदमालय प्रम्बिन्धक कपो अथधकवृ त कर सकतश्री हहै। 3- प्रम्बिन्धकमारररश्री सनमनत ममा० न्यमायमालय कके आदिकेश कके क्रम मम वकेतनि भकगतमानि कके समम्बिन्ध मम ननियममानिकसमार।। कमायरवमाहश्री करम। 4-शश्री अवनिश्रीश कक ममार रमाय कपो नकसश्री भश्री प्रकमार कमा नवत्तश्रीय / प्रशमासननिक कमायर कमा उत्तरदिमानयत्व ससौंपनिके कमा ननिररय प्रम्बिन्धकमारररश्री सनमनत लके सकतश्री हहै।" 5. The petitioner, a Headmaster of the institution filed writ petition bearing No.482 of 2025, mainly against direction No.2 and 4 that no such direction could be passed by B.S.A. while considering proposal of termination, since it ought to be either approved or rejected in entirety. 6. This Court by an order dated 17.01.2025 stayed the effect of operation of paragraph Nos.2 and 4 of impugned order dated 27.02.2024. 7. Subsequently the Committee of Management has filed a Writ Petition No. 2373 of 2025, mainly against disapproval of proposal and direction to reduce the punishment on ground that allegation against petitioner employee is of serious in nature i.e. embezzlement. It has been informed to the Court that petitioner is behind in jail since an FIR was also lodged against him for embezzlement of funds. 8. I have considered the above submission and perused the record. In case, the concerned B.S.A. comes to a conclusion that proposal submitted was antedated, it has to be disapproved in its entirety. There was no occasion or power with said respondent to propose alternative punishment though it may be said that from a particular stage, inquiry can proceed further. 9. The Court also finds that observation in above referred order was passed on basis of an audit report dated 28.11.2020, subsequent to the inquiry, therefore, petitioner has no opportunity to revert it. So far as stand of Manager is concerned in regard to proposal of alternative punishment has also substance, that since proposal was rejected only on ground that it was submitted after 23 months, without making any comment on inquiry, therefore, no alternative punishment could be proposed. 10. In the aforesaid circumstances, order impugned is modified to the extent as referred below along with directions :- (a) The matter is remitted back to B.S.A. to issue a fresh show- cause notice along with inquiry report within three weeks, thereafter to conclude inquiry in terms of Government Servant (Discipline and Appeal) Rules, 1999, (if the petitioner is released on bail). Accordingly, direction No.1 of impugned order is modified. (b) So far as direction No.2 and 4 is concerned since they are beyond jurisdiction of B.S.A. concerned, therefore, set aside. (c) Petitioner is behind in jail, therefore, no order can be passed so far as to discharge duties. (d) The audit report can also be confronted to the petitioner. (e) The concerned respondent will also take note of outcome of investigation and a judgment passed by Supreme Court in Shashi Bhusan Prasad Vs. Director General Central Industrial Security Force & Ors, (2019) 7 SCC 797 on simultaneous Departmental and Criminal proceedings on same set of allegations. 11. Accordingly both writ petitions are disposed of. Order Date :- 23.4.2025 P. Pandey Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad