Disposed

Surendra Singh v. State of Up and 4 Others

Allahabad HC29 Jul 2024WRIA/8093/2024

Case brief

AI extract

What is this about?

The High Court directed the District Inspector of Schools, Ballia, to implement the order dated 12.1.2024 by the Joint Director of Education concerning the recovery of salary drawn by a petitioner based on a forged appointment letter, ensuring due process is followed.

What did the court decide?

Applicant directed to direct District Inspector of Schools, Ballia to take appropriate action for implementation of the order dated 12.1.2024 within two months after hearing the affected person.

Surendra Singh vs State of Up and 4 Others — Service and Employment | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:120700

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Court No. - 9

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Case :- WRIT - A No. - 8093 of 2024

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Petitioner :- Surendra Singh Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Hemendra Pratap Singh Counsel for Respondent :- C.S.C.,Syed Fahim Ahmed

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Hemendra Pratap Singh, learned counsel for the petitioner, Shri Shailendra Singh, learned counsel appearing for the respondent No.1, 2 and 3 and Shri Syed Fahim Ahmed, learned counsel for the respondent No.5.

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By means of the instant writ petition, the petitioner has sought issuance of direction to the concerned authority to implement the order dated 12.1.2024 passed by the Joint Director of Education, Azamgarh Division, Azamgarh, regarding a finding that the respondent No.5 was working on the basis of forged appointment letter and directing the District Inspector of Schools, Ballia to initiate proceedings for recovery of salary drawn by the respondent No.5.

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Although the said order was passed on 12.1.2024, till date no action in furtherance thereof has been taken.

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Learned counsel for the respondent No.5 has opposed the writ petition and he has submitted that the petitioner has no locus to seek implementation of the order dated 12.1.2024. He has further submitted that the respondent No.5 is in the process of filing the writ petition for challenging the order dated 12.1.2024 passed against him.

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Be that as it may, the position existing as on date is that in spite of an order passed way back on 12.1.2024 passed by the Joint Director of Education, Azamgarh Division, Azamgarh and the implementation of the order having not been stayed by any Court/Authority, District Inspector of Schools has not taken any action towards implementation of the order, which in action on the part of the District Inspector of Schools does not appear to be justified.

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Keeping in view the aforesaid facts, the instant writ petition is

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disposed of by directing the District Inspector of Schools, Ballia, to take appropriate action in accordance with law for implementation of order dated 12.1.2024 passed by the Joint Director of Education, Azamgarh Division, Azamgarh, a copy whereof has been annexed as Annexure No.1 to the writ petition, after giving an opportunity of hearing to the affected persons, within a period of two months from the date of receipt of certified copy of this order.

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[Subhash Vidyarthi,J.]

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Order Date :- 29.7.2024 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad

Surendra Singh v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

Surendra Singh v. State of Up and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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