Court No. - 8
Case :- WRIT - A No. - 3555 of 2018 Petitioner :- Varun Kumar Pandey Respondent :- State Of Up Counsel for Petitioner :- Sharad Chandra Singh,Satish Chandra Singh Counsel for Respondent :- C.S.C.,Ashok Kumar Yadav
Hon'ble Salil Kumar Rai,J.
1. Heard Shri Sharad Chandra Singh, learned counsel for the petitioner, learned Standing Counsel and Shri Ashok Kumar Yadav, learned counsel representing respondent No. 7.
2. The present writ petition has been filed praying for a writ of certiorari quashing the order dated17.11.2017 passed by respondent No. 7-Basic Shiksha Adhikari, Allahabad (hereinafter referred to as, 'B.S.A.') whereby the said respondent has directed the Khand Shiksha Adhikari to stop payment of salary to the petitioner with immediate effect.
3. A perusal of the impugned order dated 17.11.2017 passed by respondent No. 6 shows that no reasons have been given in the same for passing the aforesaid order. The contents of the impugned order dated 17.11.2017 merely record the fact that the petitioner in the present case is also the petitioner in Writ Petition No. 41467 of 2016 pending in this Court and was transferred from previous Institution to Primary School, Malhitola, Vikas Khand, Bahadurpur, District-Allahabad and is presently working in the said Institution. Evidently, the aforesaid cannot be a reason for stopping payment of salary to any teacher in a Primary School. The aforesaid impugned order dated 17.11.2017 passed by respondent No. 6 is a non-speaking order.
4. For the aforesaid reason, the impugned order dated 17.11.2017 passed by respondent No. 7 is hereby quashed. However, respondent No. 7 shall be at liberty to pass fresh orders in accordance with law.
5. Accordingly, the present writ petition is allowed.
Order Date :- 28.2.2018/Anurag/-