HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11346 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Mr. Devesh Vikram, learned counsel for respondent-BSA, has submitted instructions before the Court today, which is kept on record. 2. Heard Mr. Lakshmi Kant Trigunait, learned counsel for the petitioner, Mr. Devesh Vikram, learned counsel for respondent-BSA and learned standing counsel for the State-respondents. 3. The writ petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of certiorari for quashing the order dated 01.02.2025 so far it relates to withholding one increment to salary and also not making payment of salary of the petitioner during the suspension period. (ii) Issue a writ, order or direction in the nature of mandamus for issuing of necessary direction to the respondent nos.4 and 5 to ensure payment of arrears of salary to the petitioner during the suspension period and also authorities may be directed to grant benefit of increment to salary as and when it becomes due." 4. Learned counsel for the petitioner submits that the petitioner, who was appointed as an Assistant Teacher in Primary School, was placed under suspension vide order dated 11.07.2024 based on some complaint. Subsequently, the suspension was revoked, but a punishment order was passed withholding one increment, transferring the petitioner to another place of posting, and further withholding the salary of the petitioner for the suspension period. 5. On the earlier occasion i.e. 26.08.2025, the following order was passed:- "Heard learned counsel for the petitioner, learned counsel for respondent-B.S.A. as well as learned Standing Counsel for the State. While passing the punishment order after revoking the suspension of the petitioner, Versus Counsel for Petitioner(s) : Lakshmi Kant Trigunait Counsel for Respondent(s) : C.S.C., Devesh Vikram Ashok Kumar .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) the salary for the suspended period has also been withheld and a further punishment of withholding of one increment of the salary of the petitioner has also been passed. On the aforesaid, Mr. Devesh Vikram, learned counsel for respondent-B.S.A. prays for and is granted two weeks' time to obtain instructions in the matter. Put up this case, as fresh, on 10th September, 2025." 6. On the basis of instructions, Mr. Devesh Vikram, learned counsel for respondent-BSA submits that notices have to be issued to the petitioner and a decision has to be taken with regard to the payment of salary for the period of suspension. He further submits that salary for the aforesaid period cannot be withheld unless it is proved that the petitioner has worked somewhere else during the suspension period. Therefore, an opportunity may be given to the authority concerned to pass an appropriate order after taking into consideration the aforesaid aspect, so as to rectify the mistake in the impugned order to the extent it withholds the salary of the suspension period. He further submits that in respect of the other part of the punishment i.e. withholding of one increment and transfer/posting of the petitioner to another place, the petitioner has an alternative remedy of filing an appeal. 7. Accordingly, the impugned order dated 11.07.2024 passed by respondent no.4, is hereby quashed to the extent of withholding the salary of the petitioner for the suspension order. The matter is remitted to the respondent no.4, District Basic Education Officer, Meerut, to pass an appropriate order rectifying the said mistake, strictly in accordance with law and by means of a reasoned and speaking order, after affording an opportunity of hearing to the petitioner, expeditiously, preferably, within a period of one month from today, if there is no legal impediment. 8. It is provided that the petitioner may file an appeal for other part of the punishment i.e. withholding of one increment and transfer/posting of the petitioner to another place, supported by such documents, as may be advised, before the appellate authority, within three weeks from today along with a certified copy of this order. On such appeal being filed by the petitioner, the appellate authority shall make all endeavours to consider and decide the same, ignoring the delay, if any, strictly in accordance with law, by means of a reasoned and speaking order, preferably within a period of three months, if there is no legal impediment. 9. In view of the aforesaid directions, the writ petition is partly allowed. September 10, 2025 Rahul. WRIA No. 11346 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad