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2025 DAILYLAW 81355 (ALL)

ABHISHEK DUBEY v. STATE OF U.P. AND 3 OTHERS

WRIA/10857/2025 · 2025-07-31

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:129044 Court No. - 52 Case :- WRIT - A No. - 10857 of 2025 Petitioner :- Abhishek Dubey Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Dwivedi,Sanjay Singh Counsel for Respondent :- C.S.C.,Kaushlesh Pratap Singh Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard learned counsel for the petitioner, Mr. Kaushlesh Pratap Singh, learned counsel for respondent nos. 3 and 4 and learned Standing Counsel for State- respondents and perused the record. 2. The instant petition has been filed on behalf of the petitioner with following prayers:- "(a) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 15.07.2025 passed by District Basic Education Officer, Auraiya (Annexure No. 11 to the writ petition) as well as consequential order dated 15.07.2025 passed by District Basic Education Officer, Kannauj (Annexure No. 12 to the writ petition) so far as it relates awarding punishment and transfer of the petitioner. (b) Issue, a writ, order or direction in the nature of mandamus directing the respondents to allow and permit the petitioner to work as Assistant Teacher at Primary School Navada Mahipat Shah, Block-Auraiya and District- Auraiya." 3. At the very outset, learned counsel for the petitioner submits that for ventilation of his grievances, he will file an appeal before the concerned appellate authorities and further prays that this petition may be disposed of with a liberty to file an appeal. 4. Learned counsel for the State-respondents and contesting respondents submit that in case petitioner prefers an appeal before the competent authority, the same shall be considered and decided in accordance with law. 5. Considering the facts and circumstances of the case but without expressing any opinion on the merits of the case set up on behalf of the petitioner, the present writ petition is disposed of by providing that the petitioner may file an appeal, ventilating all his grievances, supported by such documents, as may be advised, before the concerned appellate authorities within three weeks from today along with a certified copy of this order. On such an appeal being filed, concerned appellate authorities shall make all endeavours to consider and decide the same, strictly in accordance with law, by means of a reasoned and speaking order, after giving proper opportunity of hearing to the parties concerned, as expeditiously as possible, preferably within a period of one month from the date of production of certified copy of this order, if there is no legal impediment. Order Date :- 1.8.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad