Nitin Kumar vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

Nitin Kumar vs State of U.P. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim protection: petitioner allowed to function at Prathmik Vidyalaya Palri-I as Assistant Teacher till the next date of listing (09.03.2026), subject to his having already been permitted to join; respondent BSA directed to obtain instructions; writ pending, no final adjudication on merits.

Issue for consideration

Whether, after the punishment order was set aside by this Court's order dated 20.01.2026 and the petitioner was permitted to rejoin his original place of posting, the respondent authorities can shift the petitioner from Prathmik Vidyalaya Palri-I to another school (Prathmik Vidyalaya Gawadi) when no such shifting was mentioned in the order dated 20.01.2026.

Court's answer

Interim direction: till the next date of listing, the petitioner shall be allowed to function at Prathmik Vidyalaya Palri-I as Assistant Teacher, in case he has already been permitted to join.

Ratio / Principle

Matter to be put up as fresh on 09.03.2026; in the meantime, learned counsel for the respondent BSA is to obtain instructions in the matter.

Detailed headnote1 paragraphs

Allahabad High Court (Manju Rani Chauhan, J.), Writ-A No. 2209 of 2026, Nitin Kumar v. State of U.P. and 2 Others — interim order dated 13.02.2026. Petitioner, an Assistant Teacher, had earlier succeeded in Writ-A No. 146 of 2026, whereby this Court by order dated 20.01.2026 set aside the punishment order dated 09.12.2025 and directed the District Basic Education Officer, Baghpat to pass a reasoned and speaking order after providing the inquiry report and a show cause notice within three months. The petitioner rejoined at Prathmik Vidyalaya Palri-I on 24.01.2026, but the respondent authorities sought to shift him to Prathmik Vidyalaya Gawadi, Block Binauli, District Baghpat, without serving any show cause notice or providing the inquiry report. Contention for the petitioner: once the punishment order was set aside and he was permitted to join the original place of posting, he could not be shifted unless mentioned in the order dated 20.01.2026. The Court sought instructions from the respondent BSA, listed the matter fresh on 09.03.2026, and directed that till the next date the petitioner be allowed to function at Prathmik Vidyalaya Palri-I as Assistant Teacher.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 2209 of 2026

Nitin Kumar

.....Petitioner(s)

Versus

State Of U.P. And 2 Others

	.....	Respondent(s)
Counsel for Petitioner(s)	: Nabeela Arjumand, Saurabh Advocate	Tripathi, Sr.
Counsel for Respondent(s)	: Ashutosh Kumar Mishra, C.S.C.

Court No. - 52

HON'BLE MRS. MANJU RANI CHAUHAN, J.

Earlier, the petitioner challenged the punishment order dated 09.12.2025 by means of Writ-A No. 146 of 2026, wherein by order dated 20.01.2026, this Court has set aside punishment order, directing the District Basic Education Officer, Baghpat to pass a reasoned and speaking order after providing inquiry report as well as show cause notice calling for a reply from the petitioner within a period of three months from the date of production of a certified copy of the order.

After passing of the aforesaid order, the petitioner was permitted to join at Prathmik Vidyalaya Palri-I on 24.01.2026 as is evident from a perusal of Page-24 of the writ petition, however, without serving any show cause notice or without providing inquiry report, the respondent authorities are trying to shift the petitioner from Prathmik Vidyalaya Palri-I to Prathmik Vidyalaya Gawadi, Block Binauli, District Baghpat.

Contention of learned counsel for the petitioner is that once the punishment order has been set aside and the petitioner was permitted to join at the original place of posting, he cannot be shifted to other place unless and until it was mentioned in the order passed by this Court dated 20.01.2026, whereby the punishment order has been set aside.

On the aforesaid, learned counsel for the respondent BSA seeks three weeks' time to obtain instructions in the matter.

Put up this case on 09.03.2026 , as fresh. Meanwhile, learned counsel for the respondent BSA will obtain instructions in the matter.

Till the next date of listing, the petitioner shall be allowed to function at Prathmik Vidyalaya Palri-I as Assistant Teacher in case he has already been permitted to join.

February 13, 2026 DS

(Mrs. Manju Rani Chauhan,J.)

Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad