Akhand Deep Mishra vs State Of U.P.Thru ...
2017 Latest Caselaw 5528 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 19
 

 
Case :- SERVICE SINGLE No. - 24886 of 2017
 

 
Petitioner :- Akhand Deep Mishra
 
Respondent :- State Of U.P.Thru Prin.Secy.Deptt.Of Basic Edu.Lucknow & Ors
 
Counsel for Petitioner :- Rakesh Chandra Tewari,Aditya Narayan
 
Counsel for Respondent :- C.S.C.,Jaibind Singh Rathour
 

 
Hon'ble Vivek Chaudhary,J.

Petitioner was appointed on the post of Clerk after following due process of law. His appointment was also approved by District Basic Education Officer, Sultanpur.

By impugned order dated 04-08-2017, Assistant Director of Education(Basic), Faizabad Division, Faizabad, petitioner has been removed from service. The said order also refers appointment of one Sri Sunil Kumar Pandey, under Dying-in-Harness Rules in another institution.

Order of removal of petitioner from service could not have been passed by Assistant Director of Education (Basic), Faizabad Division, Faizabad. Moreso when, appointment of petitioner was duly approved by District  Basic Education Officer and there was no complaint against appointment of petitioner.

Learned Standing Counsel has accepted notices on behalf of opposite parties no. 1 & 2.

Notice on behalf of opposite party no. 3 has been accepted by Sri J.B.S.Rathour, Advocate.

Issue notice to opposite party no. 4 returnable within four weeks.

Opposite parties may file Counter Affidavit within four weeks.

Rejoinder Affidavit, if any, may be filed within two weeks thereafter.

List after expiry of aforesaid period.

Till the next date of listing, operation and implementation of impugned order date 04-08-2017 and consequential order dated 01-09-2017, passed by opposite parties no. 2 as contained in Annexure Nos. 2 & 1, shall remain stayed.

Order Date :- 13.10.2017

AKS

(Vivek Chaudhary,J.)