A.F.R.

Neutral Citation No. - 2025:AHC:121988 Court No. - 52 Case :- WRIT - A No. - 9632 of 2025 Petitioner :- Dharvendra Pal Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi,Rohit Upadhyay Counsel for Respondent :- Bhanu Pratap Singh Kachhawah,C.S.C.

Hon'ble Mrs. Manju Rani Chauhan,J.

1. Heard Mr. Prabhakar Awasthi, learned Counsel assisted by Mr. Rohit Upadhyay, learned counsel for the petitioner, Mr. Anoop Trivedi, learned Additional Advocate General assisted by Mr. Hare Ram, learned counsel for the State-respondents and Mr. Bhanu Pratap Singh Kachhawah, learned counsel for the respondent-BSA.

2. The instant writ petition has been filed with the prayer to quash the impugned order dated 28.05.2025 passed by respondent no.2 - District Basic Education Officer, Etah, vide which, one increment of the petitioner has been stopped and he has been transferred from Upper Primary School, Kangarpur, Etah to Composite Institution, Nawar, in District Etah.

3. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Assistant Teacher and was posted at Junior Primary School, Milawali, Sheetalpur, District- Etah, through appointment letter dated 19.05.2007. There was no complaint against him as he continued to discharge his duties to the utmost satisfaction of the authorities concerned.

4. Learned counsel for the petitioner further submits that the petitioner under the State Government policy was transferred from the post of Head Teacher, Junior Primary School, Block- Jaithra, District- Etah to his position as Assistant Teacher in Upper Primary School, Khangarpur, Block- Marhera, District- Etah, by order dated 18.09.2013.

5. The Block Education Officer, Marhera, District- Etah under the directions issued by the District Basic Education, Officer, Etah, made an inspection in the institution on 27.08.2024 at 1:50 P.M., wherein the petitioner was found absent and the inspection report dated 27.08.2024 was prepared to the aforesaid effect. On the basis of the said report, the petitioner was placed under suspension vide order dated 30.08.2024, contemplating an inquiry.

6. Aggrieved by the aforesaid order, the petitioner filed Writ A No.18500 of 2024 (Dharvendra Pal Singh vs. State of UP and 3 Others), which was disposed of by the co-ordinate Bench of this Court, vide order dated 25.11.2024, directing the respondent authorities to conclude the enquiry proceedings within a period of three months from the date of receipt of certified copy of the order. The Court also did not interfere in the suspension order dated 30.08.2024. After conclusion of the inquiry, the charge sheet dated 04.11.2024 was served upon the petitioner on 25.11.2024 and reply to the same was submitted on 26.11.2024 before the inquiry officer, about which the petitioner came to know on 25.11.2024 as informed by the learned counsel for the respondent while appearing in Writ A No.18500 of 2024, thus, the orders accordingly were passed to conclude the inquiry.

7. It appears that on 19.11.2024, some letter was issued by respondent no.2 District Basic Education Officer to the respondent no.4-Block Education Officer/Inquiry Officer, directing him to complete the inquiry within 15 days. Another letter dated 20.11.2024 was issued by the respondent no.4 to the petitioner, directing him to submit his reply within two days. On 21.11.2024, petitioner sent a letter to the Inquiry Officer requesting him for a week’s time to submit his reply, which was turned down by the respondent no.4/Inquiry Officer by letter dated 23.11.2024 and on the same day, respondent no.4 gave a letter to the petitioner, which was in the form of threat stating that if he failed to submit a reply to the charge sheet, the matter would proceed ex-parte. It appears that an ex-parte inquiry report dated 28.12.2024 was submitted by the respondent no.4/Inquiry Officer, which was not provided to the petitioner.

8. On 07.01.2025, the respondent no.2-District B