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2025 DAILYLAW 86544 (ALL)

ANGAD SINGH v. STATE OF U.P. AND 2 OTHERS

WRIA/11801/2025 · 2025-08-18

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140835 Court No. - 52 Case :- WRIT - A No. - 11801 of 2025 Petitioner :- Angad Singh Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Adarsh Singh,Indra Raj Singh Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Adarsh Singh, learned counsel for the petitioner, Mr. Shailendra Singh, learned counsel for respondent-BSA and learned Standing Counsel for the State. 2. The writ petition has been filed with the following prayers:- "(i) Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 11.01.2024 passed by respondent no.3, Committee of Management, Dharmendra Kumar Janta Laghu Madhyamik Vidyalaya, Satguru Mujuri, Maharajganj and order dated 08.02.2024 passed by respondent no.2 District Basic Education Officer, Maharajganj. (ii) Issue a writ, order or direction in the nature of mandamus, directing the respondent no.2 and 3 to reinstate the petitioner on the post of Assistant Teacher in Dharmendra Kumar Janta Laghu Madhyamik Vidyalaya, Satguru Mujuri, Maharajganj and pay regular salary along with arrears." 3. Learned counsel for the petitioner submits that order impugned has been passed in violation of U.P. Government Servant (Disciplinary and Appeal) Rules, 1999, as the appointment of the petitioner on the post of Assistant Teacher was way back in the year 1983. The aforesaid order has been passed without giving any notice or opportunity of hearing to the petitioner. He further submits that the order dated 08.02.2024, approving the order dated 11.01.2024 is non speaking order as nothing has been mentioned for terminating the services of the petitioner, therefore, the impugned suspension order is illegal in the eyes of law and the same may be quashed. 4. Mr. Shailendra Singh, learned counsel for respondent-BSA, while assisting the Court, relying upon judgement of this Court passed in Writ C No.25643 of 2021 (C/M Ramapur Uchhtar Madhyamik Vidyalaya And Another Vs. State of U.P. And 3 Others), Neutral Citation NO.2021:AHC:140230, submits that the matter may be remitted back as the order impugned has been passed in violation of principles of natural justice. 5. Accordingly, the writ petition is allowed. The impugned orders dated 11.01.2024 and 08.02.2024 passed by respondent nos.3 and 2, respectively, are hereby quashed and set aside. The matter is remitted back to the respondent no.2 District Basic Education Officer, Maharajganj, for decision afresh, ignoring the delay if any, on merits, strictly in accordance with law, by means of a reasoned and speaking order, after issuing fresh notice to the petitioner and after affording an opportunity of hearing to the petitioner, as expeditiously as expeditiously, if there is no legal impediment. Order Date :- 19.8.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad