Smt. Jadurai v. State of U.P. Thru. Prin. Secy. Basic Edu. Lko and 5 Others

Court No. - 7 Case :- WRIT - A No. - 8729 of 2023 Petitioner :- Smt. Jadurai Respondent :- State Of U.P. Thru. Prin. Secy. Basic Edu. Lko And 5 Others Counsel for Petitioner :- Ajay Kumar,Pawan Kumar Pandey Counsel for Respondent :- C.S.C.,Shailendra Singh Rajawat Hon'ble Abdul Moin,J. Heard learned counsel for the petitioner, learned Standing counsel for respondent nos.1 & 2 and Shri Shailendra Singh Rajawat, learned counsel appearing for respondent nos.3 & 4. No notice be issued to respondent no.5 taking in view of consideration of nature of order proposed to be passed. Learned counsel for the petitioner after arguing at some length prays that he would like to file an appeal against the order dated

21.10.2023 and the earlier order dated 19.10.2023 which has been couched in a manner totally alien to service rules inasmuch as by means of the orders, the petitioner has been punished as well as transferred. It is submitted that though there is provision of appeal against the order of punishment but there is no appeal against the order of transfer and he prays that he would like to file an appeal against the order of punishment and a representation against the order of transfer. Considering the aforesaid, the writ petition is disposed of leaving it open to the petitioner to file an appeal so far as it pertains to the punishment order passed against the petitioner. It would also be open to the petitioner to file a representation against his transfer order. In case the appeal is filed before the appellate authority and a representation is filed before the competent authority within a period of two weeks then the same would be decided on merits and in accordance with law within a period of four weeks from the date the said appeal and representation are filed before the competent authorities. Order Date :- 7.11.2023 S. Shivhare High Court of Judicature at Allahabad, Lucknow Bench