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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