The High Court quashed an order terminating the petitioner from service as a Lecturer. The termination was vitiated due to the absence of prior Board approval, a requirement emphasized in a related judgment, Writ-A No. 3947 of 2021.
Order dated 28.1.2021 is quashed and Writ petition is allowed on the terms of Writ-A No. 3947 of 2021.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- WRIT - A No. - 3653 of 2021
Petitioner :- Ratnesh Kumar Litoriya Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shiva Nand Pandey,Ram Pravesh Pandey
Counsel for Respondent :- C.S.C.,Jai Narain Mishra
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for parties.
Challenge in the petition has been raised to the order dated 28.1.2021 terminating the petitioner from service on the post of Lecturer.
Short ground pressed in the petition is, said termination order could not have been passed and given effect to except with prior approval of the Board. It is also not in dispute, till date there is no approval order passed by the Board.
In such facts, it has further been submitted that the controversy noted above has been dealt with and decided by this Court in Writ-A No. 3947 of 2021, Nitin Agnihotri Vs. State of U.P. and Others, decided on 05.5.2022.
Sri Jai Narain Mishra learned counsel appearing for respondent No. 4 does not dispute the correctness of the facts noted above.
In view of the above, order dated 28.1.2021 is quashed. Writ petition is allowed on the terms and conditions on which WritA No. 3947 of 2021 was allowed by order dated 05.5.2022.
Order Date :- 1.11.2022 Faraz
Digitally signed by FARAZ AHMAD Date: 2022.11.01 15:52:02 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the termination order dated 28.1.2021 be quashed in light of the pending requirement of Board approval and a previous judgment in Writ-A No. 3947 of 2021.
Colour shows how this judgement treated each authority
Nitin Agnihotri Vs. State of U.P. and OthersFollowed¶9
Writ-A No. 3947 of 2021, Nitin Agnihotri Vs. State of U.P. and Others
Ratnesh Kumar Litoriya
State Of U.P.
Saumitra Dayal Singh
Faraz Ahmad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
