IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, LUCKNOW BENCH, LUCKNOW

WRIT PETITION NO. (S/S) OF 2012

Vijay Shanker Venu, aged about 49 years, son of Late Jwala Prasad
Venu, resident of village & Post Birapur, Block Shivgarh, Tehsil
Raniganj, District Pratapgarh.
........... Petitioner.
Versus
1. State of U.P. through its Secretary,
Basic Education, Government of U.P.,
Civil Secretariat, Lucknow.

2. Basic Shiksha Adhikari Pratapgarh,

District Pratapgarh.

............ Opposite Parties.

WRIT PETITION UNDER ARTICLE 226 OF THE

CONSTITUTION OF INDIA

To,
The Hon’ble Chief Justice and his other
Hon’ble Companion Judges of the aforesaid
Hon’ble Court.
The petitioner named above most respectfully begs to submit as
under:-
1. That petitioner declares that this is the first writ petition being
filed by him; no other writ petition or application regarding the
 present subject matter or cause of action has previously been
filed before this Hon’ble Court either at Allahabad or at
Lucknow.
Petitioner further declares that he has not been served any
notice through registered post or otherwise from the opposite
parties in the present writ petition.

2. That the instant writ petition is being filed against the impugned
suspension order dated 25.10.2012 passed by Basic Shiksha
Adhikari Pratapgarh, opposite party No. 2 by which the services
of petitioner. A true copy of the impugned suspension order
dated 25.10.2012 passed by opposite party No. 2 is being
annexed herewith as Annexure No. 1 to this writ petition.

3. That the petitioner was appointed on the post of Assistant

Teacher in Primary School Birapur, District Pratapgarh on
30.03.1989 and thereafter he joined his service on the post of
Assistant Teacher on 27.04.1989.

4. That thereafter the petitioner is completed his training on

25.04.1998.

5. That the petitioner was promoted on the post of Head Master on

01.11.2004 and he is properly working on the post of Head
Master in Primary School Birapur-II, Block Shivgarh, District
Pratapgarh.

6. That at present the petitioner is posted as Head Master at

Primary Vidyalaya Birapur-II, Block Shivgarh, District
Pratapgarh.
7. That suddenly on 25.10.2012 the services of the petitioner has
been suspended on the ground that (1) on 01.10.2012 the school
was closed, (2) the school was not opened within time (3) work
of the petitioner is against the Teachers Conduct Act (4) not
comply with the order of State and (5) he was not properly
doing any work and appointed to Sri Ishwar Chandra Chauhan
as a Enquiry Officer who is Block Education Officer of Block
Shivgarg, District Pratapgarh. The opposite party No. 2 making
false allegation on which a false inspection report was
submitted and under manipulation of village pradhan the
services of petitioner has been suspended.

8. That the aforesaid news was published in the daily news paper
Dainik Jagran on 26.10.2010. A true copy of the newspaper
cutting is being annexed herewith as Annexure No. 2 to this
writ petition.

9. That the opposite party No. 2 has been roped false and
concocted allegations against the petitioner while the petitioner
always present in the school since July 2012 to till today and he
is performing his duties with full devotion and dedication.

10. That it is important to mention here that the attendance register

of primary school Birapur-II, District Pratapgarh is submitted
before this Hon’ble Court in which it is clearly goes to show
that the petitioner always present in the school since July 2012
to October 2012. A true type copy of the attendance register of
school is being annexed herewith as Annexure No. 3 to this
writ petition.
11. That the petitioner has been suspended on the motivation of
village pradhan who has malafide intention.

12. That the allegations are vague as such the impugned suspension
order is liable to be quashed.

13. That without providing any opportunity of hearing and without

given any notice to the petitioner the service of the petitioner
has been suspended which is illegal with malafide intention.

14. That if it is proved to even then the allegations are minor in

nature only minor punishment can be awarded against the
petitioner and as such the suspension of the petitioner is bad in
the eye of law.

15. That the petitioner has always presented in the school and the
work and conduct of the petitioner has always remained
satisfactory but due to malafide intention because the petitioner
is by scheduled caste category he has been dismissed from his
service.

16. That the Basic Shiksha Adhikari Pratapgarh overlooking the

record and fact merely on the basis of surmises and conjectures
the impugned order has been passed and the services of the
petitioner has been suspended vide order dated 25.10.2012.

17. That the petitioner is poor person belong to poor family and
only the petitioner is responsible for taking care to his family
and entire family is depend upon the petitioner and if the
petitioner will not continue in his work his family will come on
verge of starvation.
18. That being aggrieved and having no other alternative or
efficacious remedy the petitioner invoke the extra ordinary
jurisdiction of this Hon’ble Court under Article 226 of the
Constitution of India inter-alia on the following amongst the
other grounds:-
GROUNDS

A. Because, the impugned suspension order dated 25.10.2012

passed by the opposite party No. 2 are patently bad in the
eyes of law.

B. Because, the petitioner has been suspended due to enmity

with the pradhan and he has given false information to the
opposite party No. 2.

C. Because, the petitioner has been suspended on the

motivation of village pradhan who has malafide intention.

D. Because, the allegation are vague as such the impugned

suspension order is liable to be quashed.

E. Because, if it is proved to even then the allegations are

minor in nature only minor punishment can be awarded
against the petitioner and as such the suspension of the
petitioner is bad in the eye of law.

F. Because, without providing any opportunity of hearing and

without given any notice to the petitioner the service of the
petitioner has been suspended which is illegal with malafide
intention.
 G. Because, the petitioner has always presented in the school
and the work and conduct of the petitioner has always
remained satisfactory but due to malafide intention because
the petitioner is by scheduled caste category he has been
dismissed from his service.

H. Because, the Basic Shiksha Adhikari Pratapgarh

overlooking the record and fact merely on the basis of

surmises and conjectures the impugned order has been

passed and the services of the petitioner has been suspended.

PRAYER

WHEREFORE, it is most respectfully prayed that this Hon’ble

Court may kindly be pleased to:-

(i) To issue a writ, order or direction in the nature of

Certiorari thereby quashing the impugned suspension

order dated 25.10.2012 passed by Basic Shiksha Adhikari

Pratapgarh, opposite party No. 2 as contained in

Annexure No. 1 to this writ petition.

 (ii) To issue a writ, order or direction in the nature of

Mandamus commanding the opposite party No. 2 to

restore the services of the petitioner.

(iii) Issue such other suitable writ, order or direction as the

Hon’ble Court may deem just and proper in the facts and

circumstances of the case.

(iv) Allow the writ petition with cost.

LUCKNOW
DATED: ,2012. (AJAY KUMAR SINGH)
ADVOCATE
COUNSEL FOR THE PETITIONER
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW

C.M. APPLICATION NO. (W) OF 2012

Inre:
WRIT PETITION NO. (S/S) OF 2012

Vijay Shanker Venu ........... Petitioner.

Versus
State of U.P. & another ........... Opposite Parties.

APPLICATION FOR INTERIM RELIEF/STAY

The applicants/petitioners named above, most respectfully submits

as under:
Humble petitioner, named above, respectfully submits that for
facts, circumstances and reasons stated in the accompanying writ
petition it is prayed that the Hon’ble Court may kindly be pleased to
stay the operation and implementation of the impugned suspension
order dated 25.10.2012 passed by Basic Shiksha Adhikari Pratapgarh,
opposite party No. 2 as contained in Annexure No. 1 to this writ
petition, during the pendency of this writ petition.
Such other suitable order as be deemed fit and proper may also
kindly be passed.

LUCKNOW
DATED: ,2012. (AJAY KUMAR SINGH)
ADVOCATE
COUNSEL FOR THE PETITIONER
 IN THE HON’BLE HIGH COURT OF JUDICATURE AT
ALLAHABAD, LUCKNOW BENCH, LUCKNOW

WRIT PETITION NO. (S/S) OF 2012

Vijay Shanker Venu ........... Petitioner.

Versus
State of U.P. & another ........... Opposite Parties.

AFFIDAVIT IN SUPPORT OF WRIT PETITION

I, Vijay Shanker Venu, aged about 49 years, son of Late Jwala

Prasad Venu, resident of village & Post Birapur, Block Shivgarh,
Tehsil Raniganj, District Pratapgarh, he is by Hindu Religion, doing
his service and qualified upto B.T.C., the deponent do hereby
solemnly affirm and state on oath as under:-

1. That the deponent is the petitioner himself in the above noted

writ petition and as such he is fully conversant with the facts
and circumstances of the case deposed to hereunder.

2. That the contents of paragraphs

of the accompanying writ petition are true to my own
knowledge; those of paragraphs
are true to my knowledge from perusal of records whereas those
of paragraphs
are true to my knowledge from legal advice.
3. That the Annexure No. 1 to 3 of the accompanying writ
petition are the true/Photostat copies of their respective
originals and are duly compared by the deponent.

Lucknow:
Dated: ,2012. DEPONENT

VERIFICATION

I the above-named deponent do hereby verify that the contents of

paragraphs 1 to 3 of this affidavit are true to my personal knowledge.
No part of it is false and nothing material has been concealed.
So help me God.
Lucknow
Dated: ,2012. DEPONENT

I, identify the deponent

Who has signed before me.

Ajay Kumar Singh

Advocate
Plot No. 77, Vashith Vihar Colony
Khargapur, Gomti Nagar, Lucknow
Registration No. 11273/2000

Solemnly affirmed before me on

At a.m. /p.m. by the deponent, who is identified by Shri
Ajay Kumar Singh, Advocate, High Court, Lucknow Bench,
Lucknow.

I have satisfied myself by examining the deponent that he

understands the contents of this affidavit, which have been read over
and explained to him by me.

OATH COMMISSIONER

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

 ALLAHABAD, LUCKNOW BENCH, LUCKNOW

WRIT PETITION NO. (S/S) OF 2012

Vijay Shanker Venu ........... Petitioner.

Versus
State of U.P. & another ........... Opposite Parties.

SYNOPSIS OF WRIT PETITION

Sl.No. Dates Events

1. 30.3.1989 The petitioner was appointed on the post of
Assistant Teacher in Primary School Birapur,
District Pratapgarh on 30.03.1989 and
thereafter he joined his service on the post of
Assistant Teacher on 27.04.1989.
2. 01.11.2004 The petitioner was promoted on the post of
Head Master on 01.11.2004 and he is properly
working on the post of Head Master in
Primary School Birapur-II, Block Shivgarh,
District Pratapgarh.
3. 25.10.2012 The services of the petitioner has been
suspended and appointed to Sri Ishwar
Chandra Chauhan as a Enquiry Officer who is
Block Education Officer of Block Shivgarg,
District Pratapgarh.
4. The opposite party No. 2 making false
allegation on which a false inspection report
was submitted and under manipulation of
village pradhan the services of petitioner has
been suspended.
5. 26.10.2012 The aforesaid news was published in the daily
news paper Dainik Jagran.
6. The attendance register of primary school
 Birapur-II, District Pratapgarh is submitted
before this Hon’ble Court in which it is clearly
goes to show that the petitioner always present
in the school since July 2012 to October 2012.
7. The petitioner has always presented in the
school and the work and conduct of the
petitioner has always remained satisfactory but
due to malafide intention because the
petitioner is by scheduled caste category he
has been dismissed from his service.
HENCE THIS WRIT PETITION

LUCKNOW
DATED: ,2012. (AJAY KUMAR SINGH)
ADVOCATE
COUNSEL FOR THE PETITIONER

Code No.
Group: Service Single
 District: Pratapgarh

IN THE HON’BLE HIGH COURT OF JUDICATURE AT

ALLAHABAD, LUCKNOW BENCH, LUCKNOW

WRIT PETITION NO. (S/S) OF 2012

Vijay Shanker Venu ........... Petitioner.

Versus
State of U.P. & another ........... Opposite Parties.

INDEX

Sl.No. Particulars Page Nos.

1. List of Dates and Events. Separate.

2. Application for Interim Relief. Separate.

3. Memo of Writ Petition. 1 to 7

4. Annexure No. 1
A true copy of the impugned suspension
order dated 25.10.2012 passed by opposite
party No. 2.

5. Annexure No. 2
A true copy of the newspaper cutting.

6. Annexure No. 3
A true type copy of the attendance register
of school.

7. Affidavit in support of writ petition.

8. Power/Vakalatnama.

LUCKNOW
DATED: ,2012. (AJAY KUMAR SINGH)
ADVOCATE
COUNSEL FOR THE PETITIONER
Mobile No. 9839380316