Allahabad High Court
Smt. Mamta Kumari vs Secretary Uttar Pradesh Basic Siksha ... on 11 June, 2021
Author: Ajit Kumar
Bench: Ajit Kumar
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 32 Case :- WRIT - A No. - 6197 of 2021 Petitioner :- Smt. Mamta Kumari Respondent :- Secretary Uttar Pradesh Basic Siksha Parishad And 2 Others Counsel for Petitioner :- Rajesh Kumar Srivastava Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi Hon'ble Ajit Kumar,J.
Heard Sri R.K. Srivastava, learned counsel for the petitioner and Sri Sanjay Chaturvedi, learned counsel appearing for respondent nos.1 and 3, learned Standing Counsel for the State.
Sri Sanjay Chaturvedi, learned counsel appearing for the contesting respondents has raised preliminary objection regarding maintainability of the present writ petition as the petitioner has a remedy of statutory appeal under U.P. Basic Education Staff Rules, 1973 and so the petitioner may be directed to approach the said authority.
So far as the direction under the order impugned for lodging of First Information Report against the petitioner is concerned, it is hereby directed that in case the petitioner prefers an appeal within a period of three weeks from today, the same shall be considered on merits by the appellate authority and it is after the appellate authority comes to the view that fraud has been committed then only action should be taken as per clause 10 of the order impugned.
The ppellate authority shall take decision within a period of three months from the date of filing of appeal after hearing both the parties.
However, it is clarified that in case the petitioner fails to prefer an appeal as directed hereinabove, it will be open for the respondents to proceed in accordance with law.
With the aforesaid observations, the petition stands disposed of.
Order Date :- 11.6.2021 Deepika