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2024 DIGILAW 694 (ALL)

Meenakshi Mishra v. State of UP

2024-03-05

SAURABH SHYAM SHAMSHERY

body2024
JUDGMENT : 1. This Court has encountered with various instances where the Basic Education Officers while passing orders in departmental inquiry are not following relevant mandatory provisions of relevant Rules and present case is also a glaring example of same. 2. Instead of passing a strict order, this Court has requested Sri Ashok Mehta, Senior Advocate and Additional Advocate General and Sri Abhishek Srivastava, learned Standing Counsel for State to take instructions from Secretary, Basic Shiksha Parishad, U.P. Prayagraj to impart training to all Basic Education Officers so that such act may not be repeated and while passing orders under departmental inquiry, substantial compliance of relevant provisions may be complied with. 3. A prompt action has been taken and an order has been issued today by Secretary, Basic Shiksha Parishad, Prayagraj which is placed on record that an online training will be undertaken on 6th and 7th of this month. The order is reproduced hereinafter -: 4. In aforesaid circumstances, Sri Mehta, learned Senior Advocate and Additional Advocate General fairly submits that impugned order may be set aside and Basic Shiksha Adhikari concerned be directed to proceed from stage of inquiry report i.e. after serving a copy of it upon petitioner. 5. Taking note of prompt response as well as fair submission, impugned order is set aside and concerned B.S.A. is directed to provide a copy of inquiry report to petitioner and to proceed further in accordance with prescribed procedure and to conclude the inquiry expeditiously preferably within a period of six weeks from today. 6. Accordingly, writ petition is disposed of.