Court No. - 6
Case :- WRIT - A No. - 9127 of 2021 Petitioner :- Baijnath Singh Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Seemant Singh Counsel for Respondent :- C.S.C.,Rajesh Khare
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the parties.
The present writ petition has been filed challenging the order dated 22.6.2021, passed by District Basic Education Officer, Chitrakoot (respondent no. 2) to the extent that he directs the recovery of payment of the salary paid to the petitioner on the basis of the services granted to him.
The District Basic Education Officer, Chitrakoot, vide his impugned order dated 22.6.2021, has dismissed the petitioner on the ground that the mark-sheet of the petitioner, issued by the Allahabad University, was found to be fake. It further records that the salary, paid to the petitioner, for the period, for which he has worked is to be recovered.
Counsel for the petitioner argues that the petitioner does not want to press this petition. Insofar as it relates to the dismissal order and confines his prayer to challenge against the recovery of the amount of salary, as proposed in the impugned order dated 22.6.2021, the petitioner relies upon the judgement of this Court, passed in Special Appeal Defective No. 1292 of 2020 (Ramakant Yadav vs. State of U.P. and 3 others) decided on 28.1.2021 wherein this Court, in similar circumstances, had interfered with regard to recovery of the amount.
In view of the fact that the petitioner has worked, the order dated 22.6.2021, insofar as it relates to the recovery of the salary, paid to the petitioner, is set aside following the judgement dated 28.1.2021 in the case of Ramakant Yadav (supra). The order dated 22.6.2021 insofar as it relates to the dismissal of the petitioner, the writ petition to that extent is dismissed as not pressed.
The petition is disposed off in terms of the said direction.
Copy of the order downloaded from the website of Allahabad High Court shall be accepted/treated as certified copy of the order.
Order Date :- 20.9.2021 Puspendra