Neutral Citation No. - 2025:AHC:11460 Court No. - 7 Case :- WRIT - A No. - 14668 of 2024 Petitioner :- Shambha Yadav Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Grijesh Tiwari Counsel for Respondent :- Ashish Kumar (Nagvanshi),Avneesh Tripathi,C.S.C.,Nitin Chandra Mishra Hon'ble Prakash Padia,J. 1. Heard Shri Girijesh Tiwari, learned counsel for the petitioner. Learned Standing Counsel accepted notice on behalf of Respondent Nos. 1 & 3, Shri Ashish Kumar (Nagvanshi), learned counsel appearing on behalf of Respondent No. 2 and Shri Avneesh Tripathi, learned Counsel appearing on behalf of Respondent Nos. 4 & 5 as well as Shri Nitin Chandra, learned counsel appearing on behalf of Respondent No.6. 2. The present writ petition has been filed by the petitioner challenging the order of suspension dated 30.11.2023 passed by the Respondent No. 2 namely District Basic Education Officer, Deoria as well as entire disciplinary proceedings initiated against the petitioner in pursuance thereof. 3. Facts in brief as contained in the writ petition are that the petitioner passed his High School Examination in the year 1982 and Intermediate Examination in the year 1984. Subsequently she also obtained admission in B.Ed Course in the year 1986 and passed the aforesaid examination in the year 1987. The petitioner was appointed on the post of Assistant Teacher in Primary School and posted in Primary School, Badehara, Block Salempur, District Deoria vide letter of appointment dated 19.02.2007 issued by the District Basic Education Officer, Deoria. Pursuant to the aforesaid, she joined the post on 19.02.2007 and after three years the petitioner was promoted on the post of Headmistress on 03.12.2009. Order of suspension has been passed against the petitioner on 30.11.2023 by the Respondent No.2/ District Basic Education Officer, Deoria on the charges that upon complaint moved to the S.S.P., S.T.F., Lucknow, the educational testimonials pertaining to the B.Ed. of the petitioner was verified by the S.T.F. from the Respondent No. 4 college from which petitioner has passed out her B.Ed. examination and during course of verification it was informed by the Principal of the Respondent No. 4 College vide verification report dated 19.09.2023, that in tabulation chart of Roll No. 21810 name of the petitioner's father has been mentioned/recorded as Shri Prakash Singh Yadav whereas, as per records of the office of Basic Education Office, Deoria, the name of the petitioner's father is Shri Chandrajeet Yadav. 4. Subsequent to the aforesaid order of suspension the charge-sheet was issued against the petitioner on 05.01.2024 and reply to the same was given on 12.01.2024. Since nothing has been done till date, the petitioner has preferred the present writ petition. 5. Writ petition was duly entertained and instructions were sought for by the counsel for the University as well as by the Respondent No. 2. After hearing counsel for the parties, the following order was passed by this Court on 26.11.2024:- "Shri Abhishek Kumar Kushwaha, learned counsel holding brief of Shri Nitin Chandra Mishra, learned counsel for the respondent Deen Dayal Upadhyay Gorakhpur University submits that he does not have instructions as regards the time period in which the inquiry into the authenticity of the marksheet of the petitioner shall be completed. The respondent Gorakhpur University shall provide instructions within a period of ten days. In case instructions are not forthcoming the Registrar, Deen Dayal Upadhyay Gorakhpur University, Gorakhpur shall remain present in person on the next date of listing. Dr. Avneesh Tripathi, learned counsel for the respondent Siddharth University is present. He submits that the issue of marksheet does not pertain to Siddharth University. Put up this case on 11.12.2024 in the list of fresh cases." 6. Pursuant to the aforesaid, affidavit of compliance has been filed by the Respondent No. 6, Officiating Registrar, Deen Dayal Upadhyay University, Gorakhpur, the same is taken on record. He is also present in the Court today. 7. It is stated in paragraph-6 of the aforesaid affidavit that three members committee considering all the available information gathered from office, the tabulation chart from the college and the degree provided by the BSA office, the committee finds that the degree is issued by the University and was verified at the time of issue and further non-availability of the record before the University the degree of the petitioner cannot be verified. Operative portion of the report submitted by the three members committee (Annexure-1 to the affidavit) is reads as follows:- "Considering all the available information gathered from office, the tabulation charts from college and the degree provided by BSA office, the Committee finds that the degree is issued by the university and was verified at the time of issue. But since today the concerned 4th page of the tabulation chart is not available at the university and the tabulation chart of the college is different from rest three pages, it is not possible to clearly state weather the said degree is valid or not." 8. Heard counsel for the parties and perused the record. 9. From perusal of the record, it is clear that order of suspension has been passed only on the ground that the report has been submitted by the S.T.F. Lucknow and on the basis of the same without application of mind, the Respondent No. 2 has passed the order of suspension against the petitioner. Suspension order has been passed on 30.11.2023, more than 14 months has been lapsed but till date no final decision has been taken. 10. Pursuant to the order passed by this Court from time to time, a three members committee of the University has already been submitted its report on 21.01.2025 which is already quoted above. From perusal of the same, it is clear that degree issued by the University was duly verified by the University itself. 11. In this view of the matter, more specially in view of the fact that petitioner is under suspension from last more than 13 months, the same could not be permitted to continue hence the suspension of the petitioner shall be kept in abeyance. Insofar as the departmental proceedings initiated against the petitioner pursuant to the aforesaid order of suspension, a direction is issued to the Inquiry Officer to conclude inquiry initiated against the petitioner pursuant to the order of suspension, most expeditiously and positively within a period of three months from today taken into consideration all the aspect of the matter, specially the report submitted by the three members committee of the University dated 21.01.2025. 12. Personal appearance of Officiating Registrar of the University is hereby exempted. 13. In view of above, the writ petition is disposed of finally. Order Date :- 23.1.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad