Raj Kumar Rai v. State of U.P. and 3 Others

Court No. - 36 Case :- WRIT - A No. - 14392 of 2023 Petitioner :- Raj Kumar Rai Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Awadh Narain Rai,Mrigraj Singh Counsel for Respondent :- C.S.C.,Shrinath Hon'ble Manjive Shukla,J.

¶1Short-Counter Affidavit filed on behalf of Respondent No. 3 is taken on record.

¶2Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondent No. 1 as well as Mr. Shrinath, learned counsel appearing for the Respondents No. 2, 3 & 4.

¶3Petitioner through this writ petition has challenged the order dated 11.08.2023 passed by the District Basic Education Officer, Bhadohi, whereby petitioner's services have been placed under suspension.

¶4This court after hearing the parties counsels passed a detailed order on 29.08.2023 in following terms :- "1. Heard learned counsel appearing for the petitioner and learned Standing Counsel appearing for the Respondents No. 1 & 2 as well as Mr. Shrinath, learned counsel appearing for the Respondents No. 3 & 4.

¶2Learned counsel appearing for the petitioner has submitted that till date there is no material available with the District Basic Education Officer, Bhadohi on the basis of which he can even record a prima facie satisfaction that the mark sheets submitted by the petitioner are forged.

¶3Learned counsel appearing for the petitioner has also submitted that as per Rule 4 of the U.P. Government (Discipline and Appeal) Rules, 1999 any teacher can be place under suspension only in contemplation of disciplinary proceedings, whereas from bare perusal of the order of suspension dated

11.08.2023 it becomes crystal clear that no disciplinary proceedings are contemplated against the petitioner.

¶4List this matter on 12.09.2023 as fresh.

¶5On the said date, learned counsel appearing for the District Basic Education Officer, Bhadohi shall place before this court record and material on the basis of which order of suspension dated 11.08.2023 has been passed."

¶5Today Mr. Shrinath, learned counsel appearing for the Respondents No. 2, 3 & 4 has filed an affidavit of the Respondent No. 3, wherein it has been categorically mentioned that suspension of the petitioner's services has been revoked by order dated

31.10.2023 passed by the District Basic Education Officer, Bhadohi.

¶6Learned counsel appearing for the petitioner has also submitted that the suspension of the petitioner's services has already been revoked vide order dated 31.10.2023 and he prays that this writ petition may be disposed of in terms of order dated dated

31.10.2023.

¶7In view of the aforesaid submissions advanced by the learned counsels appearing for the parties, this writ petition is disposed of in terms of order dated 31.10.2023 passed by the District Basic Education Officer, Bhadohi. Order Date :- 6.11.2023 Gaurav High Court of Judicature at Allahabad