Bansh Narayan Singh vs State of U.P. and 4 Others — Cheating and Forgery | Allahabad HC (2025)

Bansh Narayan Singh vs State of U.P. and 4 Others — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of: the concerned respondent to allow the petitioner to join on the post of Officiating Principal within two weeks, subject to the outcome of the pending special appeal; DIOS, Kushinagar to decide the approval of the petitioner's termination expeditiously, preferably within four weeks; unpaid salary to be paid after requisite verification.

Issue for consideration

Whether the legal impediments urged by the Committee of Management - that the proposal for termination of the petitioner stood referred to the Board with its outcome not on record, and that a charge under Section 406 IPC was pending against him - justified declining the petitioner permission to join on the post of Officiating Principal

Court's answer

The legal impediments relied upon by the Committee of Management are not justified, since the petitioner is neither under suspension nor is his termination yet approved

Ratio / Principle

The concerned respondent is to permit the petitioner to join on the post of Officiating Principal within two weeks, subject to the outcome of the pending special appeal or any otherwise order passed therein

Key takeaways

Since power to approve termination is now delegated to the District Inspector of Schools, DIOS Kushinagar is directed to take a decision on the approval of the petitioner's termination expeditiously, preferably within four weeksratio¶17
If the petitioner's salary has not been paid, the same is to be paid to him after requisite verificationratio¶17

Detailed headnote1 paragraphs

Allahabad High Court (Saurabh Shyam Shamshery, J.), WRIT - A No. 3131 of 2025, decided 12.3.2025 (Neutral Citation 2025:AHC:36255). Second round of litigation concerning the joining of the petitioner, Bansh Narayan Singh, as Officiating Principal. In the first round, by order dated 27.01.2025, this Court had disposed of the earlier writ petition directing the Committee of Management to ensure the petitioner's joining; a special appeal against that order is pending without interim order. The Committee nevertheless declined joining by impugned order dated 11.02.2025 citing legal impediments - the termination proposal pending before the Board with outcome not on record, and a pending charge under Section 406 IPC. Held: such impediments were not justified since the petitioner was neither under suspension nor was his termination approved; the concerned respondent was to permit joining within two weeks, subject to the outcome of the special appeal; DIOS, Kushinagar, to whom approval power now stands delegated, was directed to decide the termination-approval question expeditiously, preferably within four weeks; and unpaid salary was to be paid after requisite verification. Writ petition disposed of accordingly. No precedent cited.

Neutral Citation No. - 2025:AHC:36255

Court No. - 10

Case :- WRIT - A No. - 3131 of 2025

Petitioner :- Bansh Narayan Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Kushmondeya Shahi,Sushil Kumar Kushwaha Counsel for Respondent :- Abhai Kumar Singh,C.S.C.

Hon'ble Saurabh Shyam Shamshery,J.

Heard Sri Kushmondeya Shahi, learned counsel for petitioner and Sri Abhay Kumar Singh, Advocate for Respondent-College.

This is second round of litigation. In earlier round this Court passed following order on 27.01.2025:

“ 1. Heard Sri Ramesh Singh Kushwaha, learned counsel for the petitioner and Sri A.K.Singh Nagwanshi, learned Additional Chief Standing Counsel.

Learned counsel for the petitioner submitted that there is a specific direction of DIOS, Kushinagar to the Committee of Management of concerned College that petitioner being the senior most teacher is entitled for joining on the post of Officiating Principal and he refers a letter dated 9.9.2024 in this regard, but still Manager has not forwarded the same.

Learned Standing Counsel has also supported the above referred prayer of the petitioner.

In the aforesaid circumstances, this writ petition is disposed of with a direction that Committee of Management of the College concerned will ensure the joining of petitioner on the post of Officiating Principal and in case there is any legal impediment, same shall be communicated to the petitioner within a short period. 5. Registrar (Compliance) to take steps.”

A special appeal has been filed by Committee of Management against above referred order, which is pending though no interim order has been passed therein.

Learned counsel for petitioner submits that meanwhile by means of impugned order dated 11.02.2025 Committee of Management has declined to permit petitioner to join.

Learned counsel appearing for Respondent-College submits that there are legal

impediments that not only proposal for termination of petitioner has been referred to Board, however, outcome of it is not on record but a charge under Section 406 IPC is also filed against petitioner.

In aforesaid circumstances, this Court is of the view that legal impediments are not justified since neither petitioner is under suspension nor his termination is still approved.

In view of above, this writ petition is disposed of with observation that concerned respondent may allow petitioner to join on the post of Officiating Principal within a period of two weeks from today, which will be subject to outcome of special appeal or any otherwise order passed therein. So far as approval of termination of petitioner is concerned, since now power is delegated to District Inspector of Schools, therefore, District Inspector of Schools, Kushinagar is directed to take a decision expeditiously, preferably within a period of four weeks from today. Salary of petitioner if not paid, the same be paid to him after requisite verification.

Order Date :- 12.3.2025 AK

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