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Allahabad High Court

KAMAL KUMAR SHARMAversusSTATE OF UTTAR PRADESH AND 6 OTHERS

Decided

Holding

The ex parte order dated 27.03.2026 is set aside and the matter is remitted for a fresh order after notice and hearing.

Summary

The petitioner, Kamal Kumar Sharma, was demoted by an order dated 27.03.2026 issued by the District Inspector of Schools, Aligarh, without being heard or served notice. The petitioner challenged the ex parte nature of the order, arguing a violation of natural justice. The High Court observed that the order was indeed ex parte and adverse to the petitioner, and therefore could not stand. The Court set aside the impugned order and directed that the matter be remitted to the District Inspector to pass a fresh order after issuing notice and considering the submissions of both parties, while also taking note of a precedent in Lal Mani v. State of U.P. (2023). The writ petition was subsequently disposed of.

Issues considered

  • Whether the ex parte order dated 27.03.2026 issued by the District Inspector of Schools violates the principles of natural justice and should be set aside
  • Whether a fresh order must be passed after giving notice to the petitioner and hearing both sides

Subjects

  • Administrative Law
  • Ex Parte Order
  • Natural Justice
  • Demotion
  • Writ Petition
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                           WRIT - A No. - 6634 of 2026

                                    Kamal Kumar Sharma
                                                                                                   .....Petitioner(s)
                                                                       Versus
                                    State Of Uttar Pradesh And 6 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Mahima Maurya Kushwaha, Mukesh
                                                                       Kumar Kushwaha
                                    Counsel for Respondent(s)        : C.S.C., Raghav Arora

                                    Court No. - 32
                                               HON'BLE SAURABH SHYAM SHAMSHERY, J.

                                    1. Heard Ms. Mahima Maurya Kushwaha, learned counsel for petitioner, Sri
                                    Dinesh Kumar Verma, learned Standing Counsel for State-Respondents and
                                    Sri Prabhakar Awasthi, learned Senior Advocate assisted by Sri Raghav
                                    Arora, Advocate for Respondent-6.

                                    2. At this stage, the Court finds that impugned order dated 27.03.2026
                                    passed by District Inspector of Schools, Aligarh is an ex parte order and
                                    petitioner is admittedly not heard nor any notice was issued and it is adverse
                                    to petitioner since he has been demoted.

                                    3. Accordingly impugned order dated 27.03.2026 is hereby set aside and
                                    matter is remitted to pass a fresh order after issuing notice to petitioner and
                                    considering all submissions of petitioner as well as Respondent-6 and taking
                                    note of a judgment passed by a Division Bench of this Court in Lal Mani vs.
                                    The State of U.P. and others, 2023:AHC:237906-DB, within a period of
                                    eight weeks from today.

                                    4. The writ petition is accordingly disposed of.
                                    May 5, 2026
                                    AK
                                                                                (Saurabh Shyam Shamshery,J.)




Digitally signed by :-
AWADESH KUMAR
High Court of Judicature at Allahabad


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