Partly allowed

Smt. Rekha Yadav v. State of U.P. and 9 Others

Allahabad HC22 Jul 2021WRIA/3925/2021

Case brief

AI extract

What is this about?

The petition challenged an impugned order passed by the respondent without a show cause notice or hearing. The court set aside the order as unsustainable and remitted the matter to the Basic Education Officer to apply his mind and follow due procedure independent of external directives.

What did the court decide?

Impugned order set aside; matter remitted to respondent no. 4 to apply own mind, issue show cause notice, grant hearing, and pass reasoned order within six months.

Smt. Rekha Yadav Vs State of U.P. and 9 Others — Service and Employment | Allahabad HC (2021)

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Court No. - 5

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Case :- WRIT - A No. - 3925 of 2021

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Petitioner :- Smt. Rekha Yadav Respondent :- State Of U.P. And 9 Others Counsel for Petitioner :- Sanjeev Kumar Tripathee,Ajay Kumar Tiwari Counsel for Respondent :- C.S.C.,Ajeet Kumar Shukla,Anil Kumar Mishra

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Hon'ble Saumitra Dayal Singh,J.

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Heard Shri Prabhakar Awasthi, Advocate, along with Shri Sanjeev Kumar Tripathee, learned counsel for the petitioner; Shri Anil Kumar Mishra, learned counsel for respondent - Committee of Management and; learned Standing Counsel for the State - respondents.

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Learned counsel for the petitioner submits that the inter se dispute between the petitioner and respondent no.7 was settled by respondent no.4 - Basic Education Officer, Deoria, vide order dated 21.10.2019 by which the petitioner continued to work as Head Master. Thereafter, at the dictate of the District Magistrate, Deoria and Chief Development Officer, Deoria, the impugned order dated 6.7.2020 came to be passed by respondent no.4. Recital of the order reveals that the entire proceedings was conducted by Chief Development Officer, Deoria and no show cause notice or no opportunity of hearing was given to the parties, before the impugned order came to be passed.

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The aforesaid submissions so advanced by learned counsel for the petitioner, appear to be correct. Perusal of the order itself reveals that the matter was heard on two dates i.e. 7.2.2021 and 13.2.2021. However, both hearings took place before the Chief Development Officer, as is clear from the order itself.

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In view of the above, no useful purpose would be served in keeping the present petition pending or calling for counter

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affidavit, at this stage. The impugned order has been passed by the BSA without himself conducting any proceedings. Therefore, the impugned order is wholly unsustainable and is hereby set aside. Matter is remitted to respondent no. 4 - Basic Education Officer, Deoria, to apply his own mind to the facts brought before him by means of communication made by District Magistrate, Deoria, and Chief Development Officer, Deoria.

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If any action be called for, at the end of respondent no.4, he may on his independent application of mind, institute proper proceedings against the concerned. Proper show cause notice may be issued to the affected parties to show cause. Reasonable opportunity of hearing may also be granted to the affected parties and appropriate reasoned order may be passed without being swayed or dictated by the directions issued by District Magistrate, Deoria, and Chief Development Officer, Deoria, or any other authority. Such exercise may be completed within a period of six months from today.

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With the aforesaid observations, present petition is disposed of .

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Order Date :- 22.7.2021 Prakhar

Smt. Rekha Yadav v. State of U.P. and 9 Others

Case brief

What is this about?

What did the court decide?

Smt. Rekha Yadav v. State of U.P. and 9 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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