HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 11742 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard Mr. Aditendra Singh, learned counsel for the petitioner, Mr. Manvendra 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 order dated 25.07.2025 passed by District Basic Education Officer, Mainpuri. (ii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to interfere in the peaceful functioning of petitioner as Headmistress at Primary Vidyalaya, Nagla Durga, Block Ghiror, District Mainpuri and pay her regular monthly." 3. Learned counsel for the petitioner submits that as the petitioner has already joined at the transfer place, therefore, the impugned order dated 25.07.2025 is challenged to the extent of imposing censure entry. 4. Learned counsel for the petitioner submits that petitioner was placed under suspension on 29.01.2025, after which an enquiry was conducted and enquiry report was submitted on 22.07.2025. He further submits that without giving any notice or opportunity as required under Rule 9(4) and 10(2) of Government Servant (Discipline and Appeal) Rules 1999, the order impugned has been passed, which is non application of mind. In support of his submission, he has relied upon several judgements of this Court passed in Dharmendra Kumar Mishra Vs. Commissioner, Allahabad Region, Alld. & 2 Others, passed in Service Single No.4772 of 2005 decided on 31.10.2013, Raj Kamal Vs. State of U.P. Through Secy. reported in 2014 SCC Online All 13597, Dr. Ram Pujan Srivastava Vs. State of U.P. Thru. Prin. Secy. Urban Development Lko. And 2 Others, reported in Versus Counsel for Petitioner(s) : Aditendra Singh, Vinod Kumar Singh Counsel for Respondent(s) : C.S.C., Manvendra Singh Smt. Premlata .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) 2022 SCC Online All 1885 and Smt. Kavit Vs. State of U.P. And 2 Others, passed in Writ A No.15848 of 2022 decided on 31.10.2022. Therefore, the impugned order is arbitrary and the same may be quashed. 5. Learned counsel for the respondent-BSA could not dispute the aforesaid fact. 6. Accordingly, the writ petition is allowed. The impugned order dated 25.07.2025 is quashed to the extent it awarded censure entry to the petitioner. The matter is remitted to the respondent no.3 District Basic Education Officer, Mainpuri, 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 notice to the petitioner and after affording an opportunity of hearing to the petitioner, expeditiously, preferably within a period of six weeks from today, if there is no legal impediment. September 8, 2025 Rahul. WRIA No. 11742 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad