Allahabad High Court

29.11.2025 was filed by Sri. S.S. Bhaduaria, learned counsel for the District Basic Education Officer, Fatehpur, same is taken on record.

3. Heard learned counsel for the parties and perused the records.

4. By the aforesaid order minor punishment has been awarded to the petitioner. 2 WRIA No. 17727 of 2025

5. It is admitted by counsel for the parties that the services of the petitioner are governed by the Uttar Pradesh Basic Educational Staff Rules, 1973 (hereinafter referred to as 'Rules, 1973'). The provisions relating to punishment and appeal are provided under Rules 3 and 5 of the aforesaid Rules, 1973. For ease of reference, Rules 3 and 5 are being extracted below:- "3. Punishment.-"The appointing authority may, for good and sufficient reasons, impose the following penalties upon the officers, teachers and other employees of the Board : (i) Censure; (ii) withholding of the increments including stoppage at an efficiency bar; (iii) Reduction to a lower post of time scale, or to a lower stage in a time scale; (iv) Recovery from pay of the whole or part of any pecuniary loss caused to the Board by negligence or breach of orders; (v) Removal from the service of the Board which does not disqualify him from future employment; (vi) Dismissal from the service of the Board which ordinarily disqualifies him from future employment.

5. Appeal.-(1) An appeal shall lie from an order passed by the appointing authority in respect of the posts mentioned in Column 1 of the Schedule appended to these rules, imposing upon any officer, teacher or other employee of the Board any of the penalties mentioned below, to the appellate authority mentioned in column 3 of the said schedule:- (a) Reduction to a lower post or time scale or to a lower stage in a time- scale; (b) Removal from service of the Board which does not disqualify for future employment; (c) Dismissal from the service of the Board, which ordinarily disqualifies from future employment. (2) In case of other penalties against which no appeal is provided in this rule, the punished officer, the Board may make a representation against the imposition of any of these penalties to such officer as the Director of Education (Basic) may by general orders from time to time specify in this behalf. (3) The procedure laid down in Civil Services (Classification, Control and Appeal) Rules, as applicable to servants of the Uttar Pradesh Government shall, as far as possible, be followed in disciplinary proceedings, appeals and representations under these rules." 6. The Uttar Pradesh Basic Education Staff Rules, 1973, have been made by the State Government in exercise of powers conferred by sub-section (1) of Section 19 of the Uttar Pradesh Basic Education Act, 1972, and apply to the officers, teachers and other employees of the Uttar Pradesh Board of Basic Education." teacher or other employee of

6. Rule 5 of the Rules, 1973 provides the remedy of appeal in regard to imposition of the penalties specified under sub-rule (1) of Rule 5. Further, under sub-rule (2) of Rule 5, in case of other penalties for which no appeal is provided in the rule, the punished officer, teacher or other 3 WRIA No. 17727 of 2025 employee of the Board has been given the option to make a representation against imposition of the penalty to such officer as the Director of Education (Basic) may specify.

7. An appeal under sub-rule (1) of Rule 5 would lie against imposition of the following penalties; (i) reduction to a lower post or time scale or to a lower stage in a time scale; (ii) removal from service of the Board which does not disqualify for future employment; (iii) dismissal from the service of the Board, which ordinarily disqualifies from future employment. The appellate authority before whom the appeal is to be preferred has been specified in the schedule appended to the rules.

8. The remedy of filing a representation is available in case of other penalties against which no appeal is provided. The other penalties against which a representation may be made are as follows: (i) censure; (ii) withholding of the increments including stoppage at an efficiency bar; (iii) recovery from pay of the whole or part of any pecuniary loss caused to the Board by negligence or breach of orders. The representation is to be made to such officer as the Director of Education (Basic) may by general orders from time to time specify in this behalf.

9. In this view of the matter and in the interest of justice, the petitioner is directed to make a representation in terms of sub-rule (2) of Rule 5 of the Rules, 1973 before the Director of Education (Basic) U.P. Lucknow within a period of three weeks from today. In case, the petitioner does so, the Director of Education (Basic) U.P. Lucknow either himself decide the matter or transmit the matter before the authority to whom power has been delegated but in both the situation, decision be taken within six weeks from the date of the representation.

10. With the aforesaid observations, the writ petition is disposed of. December 2, 2025 Pramod Tripathi (Prakash Padia,J.)

29.11.2025 was filed by Sri. S.S. Bhaduaria, learned counsel for the District Basic Education Officer, Fatehpur, same is taken on record.

3. Heard learned counsel for the parties and perused the records.

4. By the aforesaid order minor punishment has been awarded to the petitioner. 2 WRIA No. 17727 of 2025

5. It is admitted by counsel for the parties that the services of the petitioner are governed by the Uttar Pradesh Basic Educational Staff Rules, 1973 (hereinafter referred to as 'Rules, 1973'). The provisions relating to punishment and appeal are provided under Rules 3 and 5 of the aforesaid Rules, 1973. For ease of reference, Rules 3 and 5 are being extracted below:- "3. Punishment.-"The appointing authority may, for good and sufficient reasons, impose the following penalties upon the officers, teachers and other employees of the Board : (i) Censure; (ii) withholding of the increments including stoppage at an efficiency bar; (iii) Reduction to a lower post of time scale, or to a lower stage in a time scale; (iv) Recovery from pay of the whole or part of any pecuniary loss caused to the Board by negligence or breach of orders; (v) Removal from the service of the Board which does not disqualify him from future employment; (vi) Dismissal from the service of the Board which ordinarily disqualifies him from future employment.

5. Appeal.-(1) An appeal shall lie from an order passed by the appointing authority in respect of the posts mentioned in Column 1 of the Schedule appended to these rules, imposing upon any officer, teacher or other employee of the Board any of the penalties mentioned below, to the appellate authority mentioned in column 3 of the said schedule:- (a) Reduction to a lower post or time scale or to a lower stage in a time- scale; (b) Removal from service of the Board which does not disqualify for future employment; (c) Dismissal from the service of the Board, which ordinarily disqualifies from future employment. (2) In case of other penalties against which no appeal is provided in this rule, the punished officer, the Board may make a representation against the imposition of any of these penalties to such officer as the Director of Education (Basic) may by general orders from time to time specify in this behalf. (3) The procedure laid down in Civil Services (Classification, Control and Appeal) Rules, as applicable to servants of the Uttar Pradesh Government shall, as far as possible, be followed in disciplinary proceedings, appeals and representations under these rules." 6. The Uttar Pradesh Basic Education Staff Rules, 1973, have been made by the State Government in exercise of powers conferred by sub-section (1) of Section 19 of the Uttar Pradesh Basic Education Act, 1972, and apply to the officers, teachers and other employees of the Uttar Pradesh Board of Basic Education." teacher or other employee of

6. Rule 5 of the Rules, 1973 provides the remedy of appeal in regard to imposition of the penalties specified under sub-rule (1) of Rule 5. Further, under sub-rule (2) of Rule 5, in case of other penalties for which no appeal is provided in the rule, the punished officer, teacher or other 3 WRIA No. 17727 of 2025 employee of the Board has been given the option to make a representation against imposition of the penalty to such officer as the Director of Education (Basic) may specify.

7. An appeal under sub-rule (1) of Rule 5 would lie against imposition of the following penalties; (i) reduction to a lower post or time scale or to a lower stage in a time scale; (ii) removal from service of the Board which does not disqualify for future employment; (iii) dismissal from the service of the Board, which ordinarily disqualifies from future employment. The appellate authority before whom the appeal is to be preferred has been specified in the schedule appended to the rules.

8. The remedy of filing a representation is available in case of other penalties against which no appeal is provided. The other penalties against which a representation may be made are as follows: (i) censure; (ii) withholding of the increments including stoppage at an efficiency bar; (iii) recovery from pay of the whole or part of any pecuniary loss caused to the Board by negligence or breach of orders. The representation is to be made to such officer as the Director of Education (Basic) may by general orders from time to time specify in this behalf.

9. In this view of the matter and in the interest of justice, the petitioner is directed to make a representation in terms of sub-rule (2) of Rule 5 of the Rules, 1973 before the Director of Education (Basic) U.P. Lucknow within a period of three weeks from today. In case, the petitioner does so, the Director of Education (Basic) U.P. Lucknow either himself decide the matter or transmit the matter before the authority to whom power has been delegated but in both the situation, decision be taken within six weeks from the date of the representation.

10. With the aforesaid observations, the writ petition is disposed of. December 2, 2025 Pramod Tripathi (Prakash Padia,J.)