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Allahabad High Court

ASHOK KUMAR MISHRAversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court disposed of the writ petition, holding that in the absence of a legal impediment and an adverse inquiry finding, the interim order staying the cancellation and directing payment of arrears remains operative.

Summary

Ashok Kumar Mishra filed a writ petition challenging the cancellation of an earlier order dated 29‑03‑2023 that had directed continuation of his salary pending the outcome of an inquiry. The petitioner argued that the Deputy Director of Education had no statutory power to review his order under the Intermediate Education Act, 1921 or the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971, and that no fraud or misrepresentation justified such a review. The High Court, after hearing counsel for both sides, stayed the cancellation order and the related district inspector order, directing that arrears of salary be released pending the final result of the inquiry. The petitioner later submitted that the inquiry concluded on 23‑07‑2025, though the report was not placed on record. The Court disposed of the petition, observing that if there is no legal impediment and the inquiry does not find against the petitioner, the interim order will continue to operate.

Issues considered

  • Whether the Deputy Director of Education has power of review under the Intermediate Education Act, 1921 or the U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and other Employees) Act, 1971.
  • Whether the cancellation of the earlier salary continuation order was justified in the absence of fraud or misrepresentation.
  • Whether the interim stay of the cancellation order and release of arrears of salary should remain in effect pending the outcome of the inquiry.

Legislation cited

Subjects

  • review of administrative order
  • statutory power of review
  • salary arrears
  • interim stay
  • education statutes
  • writ petition
  • High Court of Allahabad

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                           WRIT - A No. - 9135 of 2023

Ashok Kumar Mishra
                                                                   .....Petitioner(s)
                                       Versus

State Of U.P. And 3 Others
                                                                 .....Respondent(s)

Counsel for Petitioner(s)                   :    R. K. Singh Kaosik
Counsel for Respondent(s)                   :    CSC, Prabhakar Awasthi

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

1. Heard Sri R.K.S. Kaoshik and Sri D.K. Singh, learned Additional CSC
for State.

2. This Court has passed following interim order on 24.05.2023 :-

     "Heard Sri R.K.Singh Kaosik,, learned counsel for the petitioner, Sri
     K.Pandey, learned counsel for the complainant and learned Standing
     Counsel for the State respondents.

     The argument advanced by learned counsel for the petitioner is that there
     is no power of review available to be exercised by Deputy Director of
     Education under the Intermediate Education Act, 1921 or under the U.P.
     High Schools and Intermediate Colleges (Payment of Salaries of Teachers
     and other Employees) Act, 1971 and in spite of that he has come to
     review his earlier order dated 29.03.2023, wherein, he had directed to
     continue payment of salary to the petitioner till the outcome of the
     enquiry which was pending at the stage of State Government by passing
     another order to the effect that he was cancelling his earlier order. It is
     argued that no fraud or misrepresentation on the part of petitioner has
     been reported in the order so as to justify such an exercise of recall or
     review.

     Prima facie, therefore, the argument advanced by learned counsel for the
     petitioner appears to have substances and matter requires consideration.

     Learned Standing Counsel appearing for respondent nos. 1 to 3 prays for
                                                                                                          WRIA No. 9135 of 2023
                                                                               2


                                               and is granted four weeks' time to file counter affidavit. Rejoinder
                                               affidavit, if any, may be filed within two weeks thereafter.

                                               Issue notice to respondent no. 4 returnable within eight weeks.

                                               Steps for service be taken within two weeks.

                                               List on the date indicated in the notice.

                                               Learned counsel for the complainant may also file impleadment
                                               application if so advised.

                                               In the meanwhile until further orders of this Court, the effect and
                                               operation of the order dated 29.03.2023, shall remain stayed and so also
                                               the consequential order passed by the District Inspector of Schools dated
                                               29.03.2023 shall remain stayed. Arrears of salary of the petitioner that has
                                               remained unpaid, shall be released in favour of the petitioner and payment
                                               thereof shall abide by result of the writ petition. "

                                    3. Learned counsel for petitioner submits that subsequently inquiry has
                                    been concluded on 23.07.2025, however, copy of same is not on record.

                                    4. Taking note of aforesaid submissions and in the light of interim order,
                                    this writ petition is disposed of with an observation that in case there is
                                    no legal impediment and outcome of inquiry is not against the petitioner,
                                    legal consequence of above referred interim order will follow.



                                                                                            (Saurabh Shyam Shamshery,J.)
                                    March 18, 2026
                                    N. Sinha




Digitally signed by :-
NIRMAL SINHA
High Court of Judicature at Allahabad


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