Allahabad High Court
C/M Smt. Sukhdevi Inter College And ... vs State Of U.P. And 3 Others on 17 March, 2020
Author: Surya Prakash Kesarwani
Bench: Surya Prakash Kesarwani
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 5 Case :- WRIT - A No. - 3376 of 2020 Petitioner :- C/M Smt. Sukhdevi Inter College And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhakar Awasthi Counsel for Respondent :- C.S.C.,Azim Ahmad Kazmi Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Saurabh Tripathi holding brief of Sri Prabhakar Awasthi, learned counsel for the petitioners, learned standing counsel for respondent Nos. 1,2 and 3 and Azim Ahmad Kazmi, learned counsel for respondent no.4.
This writ petition has been filed praying for the following relief:
"(i) Issue a writ, order or direction in the nature of mandamus commanding the District Inspector of Schools, Amroha to forthwith ensure handing over of service book, character role and personnel file of respondent no.4 by way of passing compelling order to the respondent no.4 to hand over the said documents within specified period of time as this Hon'ble Court may so desires."
Learned counsel for respondent no.4 submits that the allegations made in the writ petition and the prayer in that regard, was Charge No.6 in the disciplinary proceeding initiated by the writ petitioner against the respondent no.4 and pursuant to the order dated 29.11.2018 in Writ-A No.25191 of 2018 (C/M Smt. Sukhdevi Inter College, Amroha and another v. State of U.P. and 4 others), an order dated 29.8.2019 was passed by the U.P. Secondary Education Services Selection Board, Prayagraj. In the said order, the charge No.6 was specifically considered and it was held that the service book of the respondent no.4 is with the Manager of the Committee of Management. The said order dated 29.8.2019 has not been challenged by the petitioner.
In view of the aforesaid, the relief sought by the petitioner in the present writ petition, cannot be granted at this stage.
For the reasons, afore-stated, the writ petition is dismissed. The copy of order dated 29.8.2019/6.12.2019 passed by the U.P. Secondary Education Services Selection Board, as produced by the learned counsel for the petitioner today, is taken on record.
Order Date :- 17.3.2020 Ak/