In a writ petition filed by the Management Committee of City Intermediate College, Barabanki (College), before the Allahabad High Court seeking quashing of certain actions and orders by respondent 4, whereby respondent 7 had been illegally permitted to rejoin the petitioner’s institution as Assistant Teacher and was paid salary for October 2025, a Single Judge Bench of Justice Rajeev Singh directed initiation of inquiry against the erring officials and the issuance of necessary directions to ensure that orders/letters issued by authorities of Education Departments are sent to registered e-mails as well as on WhatsApp numbers of the parties concerned.
Respondent 7 was selected as Assistant Teacher (Sanskrit), T.G.T Grade under the SC/ST category by the Uttar Pradesh Secondary Education Service Selection Board. The Management Committee issued an appointment letter dated 26-09-2018, and respondent 7 joined the College on 01-10-2018. Thereafter, respondent 7 applied pursuant to an advertisement issued by the National Education Society for Tribal Students, Society of the Ministry of Tribal Affairs, Government of India, and was selected for the post of Lecturer (Sanskrit) (P.G.T.). Thereafter, he joined the said post in Eklavya Adarsh Awasiya Vidyalaya, Bijapur, Chhattisgarh.
Respondent 7 gave an application dated 15-06-2024 to the District Inspector of Schools, Barabanki, through the Principal of the College, to relieve him with a request for his one-year lien to be kept intact. The Principal issued a relieving order, and thereafter, respondent 7 submitted a representation before the Joint Director of Education (Secondary), Lucknow (respondent 3), seeking to rejoin the College. The same was forwarded to the District Inspector of Schools, Barabanki (DIOS) (respondent 6), who issued a letter dated 19-06-2025. Thereafter, the College Principal relieved respondent 7 to join the duties. Aggrieved, the Management Committee filed the present petition.
The Court noted that respondent 7 had applied for the post of Lecturer at Eklavya Adarsh Awasiya Vidyalaya and had also joined the post without obtaining any permission from the College’s Management Committee. The Court also found it evident that he had sought to have his lien kept intact for a year, but the applicant’s request was rejected on 06-07-2024. Further, after about one year, respondent 7 submitted an application to rejoin the College before respondent 3, who, in turn, wrote to the DIOS, directing a report on respondent 7’s joining and continuation. Thereafter, DIOS wrote to the Principal of the College to take necessary actions.
The Court perused the counter-affidavit filed by DIOS, which revealed that the Principal allowed respondent 7 to resume his duties in the College. Further, the Court found that although respondent 7’s resignation was accepted by Eklavya Adarsh Awasiya Vidyalaya on 14-11-2025, the salary for October 2025 was paid to him by the DIOS in collusion with the College Principal, by showing that he was working in the College.
The Court also found it evident that the College’s salary register was with the DIOS without any written order and that DIOS had passed an order on 05-01-2026 directing a single operation of the account on the grounds that salary bills of teachers and other employees were not being sent by the Management Committee. It was noted that the DIOS had a varied stance on the dispatch of the said order and that he stated in his personal affidavit that, even though the said order was not dispatched, it was recorded in the Register. A show-cause notice was issued to the Senior Assistant, Office of DIOS, for failing to send the order to the concerned parties. The DIOS also mentioned that the said order had been withdrawn on 02-04-2026.
The Court considered it fit to initiate an inquiry against the erring officials for providing unjust favours to respondent 7 and directed the Director General, Special Task Force, U.P., to ensure an enquiry against the College Principal, DIOS, Barabanki, as well as respondent 7, and depute a responsible Officer, not below the rank of Deputy Superintendent of Police for the same, and to submit a report expeditiously along with an affidavit of compliance. The Court also left it open for the Director General, S.T.F., to seek assistance from any expert.
The Court also directed that the inquiry report be placed before the Additional Chief Secretary, Department of Secondary Education, Lucknow, and left it open to the Director General, S.T.F., to initiate criminal proceedings in case any criminal offence was found. As it was evident that the DIOS had attempted to alter the dispatch register record and had filed a false affidavit, the Court directed the Additional Chief Secretary to transfer him to another place for an impartial inquiry.
The Additional Chief Secretary was also directed to ensure that disciplinary proceedings be initiated against the Joint Director, Secondary Education, Ayodhya, for passing a fallacious order and allowing respondent 7 to resume his duties. Further, the Court held the re-engagement of respondent 7 to be non-est, since it was allowed by the Principal without any authority of law and directed the State Government to recover the amount given to respondent 7 by respondents 3, 4, 6, and 7, and to file an affidavit regarding the same.
The Court stated that, in most cases related to the Education Departments, authorities lay orders/letters in their records, stating that the same have been communicated to the authorities concerned, even though these letters/orders are never dispatched. To correct this, the Court directed the Chief Secretary, Government of U.P., to issue necessary directions to all authorities to ensure that orders/letters issued are also sent to the registered e-mails and the WhatsApp numbers of the parties.
The matter has now been listed on 28-05-2026, only for the authorities concerned to file their compliance affidavits.
Appearances:
For Petitioner – Mr. Akash Dikshit
For Respondents – C.S.C, Mr. Pawan Kumar Pandey
