Vivek Singh vs State of U.P. Thru. Prin. Secy., Secondary Edu. Lko. and 5 Others

Present petition under Article 226 of Constitution of India has been filed challenging order dated 01.08.2025 whereby services of petitioner have been terminated on the allegation that he obtained employment on the basis of forged documents.

Learned counsel for petitioners submits that initially petitioner was appointed on the post of Assistant Teacher in the subject of Biology vide order dated 02.09.2016 after due selection process and has been working as such since then, but on 22.05.2025, a show cause notice was issued to petitioner requiring him to appear before authority concerned along with his academic certificates. It is submitted that despite petitioner having satisfied the queries raised against him, the impugned order has been passed terminating his services holding that initial appointment of petitioner was on the basis of forged documents. It is submitted that prior to passing of impugned order, no adequate opportunity of hearing was ever provided to petitioner and therefore there was no occasion for petitioner to give reply in writing and for opposite parties to consider the same. It is therefore submitted that impugned order has been passed without following due process of law as per principles of natural justice. Learned counsel for petitioner submits that the mark-sheets of petitioner have already been certified by the University concerned.

Learned State Counsel has submitted that verification of mark sheets and Certificates of petitioner was done from University concerned and it was found that petitioner had obtained employment on the basis of forged documents, which could not be rebutted by petitioner in the personal hearing which was provided to him. It is therefore submitted that since fraud vitiates everything, once it was established that petitioner was provided employment on fraudulent documents, there was no occasion

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to hold a fulfledged enquiry.

Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, particularly the impugned order, it is evident that petitioner's services have been terminated only on account of reply submitted by the institution concerned to the queries raised by opposite parties.

A bare perusal of impugned order will make it evident that absolutely no opportunity of hearing was ever provided to petitioner by issuing a show cause notice or considering his reply. A pertinent aspect is that petitioner has rendered nine years of substantive service and therefore his termination could not have been resorted to in such a cursory manner without affording opportunity of hearing.

In view thereof, the impugned order dated 01.08.2025 is hereby quashed by issuance of a writ in the nature of Certiorari granting liberty to opposite parties to pass orders afresh but only after issuing a show cause notice to petitioner, affording him opportunity of hearing and considering his reply. For the said purposes, petitioner shall be reinstated in service. In case opposite parties decide to proceed against petitioner, such proceedings shall be concluded expeditiously preferably within a period of three months from the last date when petitioner is required to submit reply to show cause notice.

Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs.

January 21, 2026 kvg/-

(Manish Mathur,J.)

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Vivek Singh v. State of U.P. Thru. Prin. Secy., Secondary Edu. Lko. and 5 Others