Allahabad High Court
C/M Mahewa Junior High School And ... vs State Of U.P. And 2 Others on 20 June, 2022
Bench: Siddharth
HIGH COURT OF JUDICATURE AT ALLAHABAD
Reserved On:- 29.04.2022
Delivered On:- 20.06.2022
Case :- WRIT - A No. - 355 of 2022
Petitioner :- C/M Mahewa Junior High School And Another
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Bhagwan Dutt Pandey
Counsel for Respondent :- C.S.C., Deo Dayal
Hon'ble Siddharth, J.
1. Heard counsel for the petitioner, Sri B.D. Pandey, learned Standing Counsel for the State-respondents and Sri Ashok Khare, learned Senior Counsel assisted by Sri Sunil Kumar Srivastava, Advocate appearing on behalf of respondent no. 4 who is present in court personally.
2. On 11.04.2022 the following order was passed by this court quoted hereinbelow :-
" This writ petition has been filed praying for quashing of the order dated 23.12.2021 passed by respondent no. 3, District Basic Education Officer, Chandauli. Further prayer has been made to permit the petitioner to fill up the vacant post of clerk in the institution of the petitioner as per the provisions of the U.P. Recognised Basic Schools (Junior High Schools) (Recruitment & Conditions of Service of of Ministerial Staff & Group 'D' Employees) Rules, 1984.
Counsel for the petitioners has submitted that earlier the order dated 30.04.2019 was passed by the District Basic Education Officer, Chandauli, whereby he declined to grant permission the petitioners to fill up the vacant post of clerk in the institution, in view of the Government Order dated 15.01.2019. The petitioners challenged the aforesaid order by way Writ - A No. 15190 of 2021 which was allowed by the order dated 22.11.2021 and the order dated 30.04.2019 passed by District Basic Education Officer was quashed on the ground that the Government Order dated 15.01.2019 in so far as it declares the class III and Class IV post in Junior High Schools to be dying cadre has been set aside in Writ - A No. 5418 of 2019 (C/M Manorma Kanya Junior High School Moradabad & others vs. State of U.P. & others).
This court finds that the present impugned order dated 23.12.2021 has again been passed by Satyendra Kumar Singh, District Basic Education Officer, Chandauli relying upon the Government Order dated 15.01.2019 which has already been quashed in the writ of C/M Manorma Kanya Junior High School Moradabad & others (supra). The order of this court dated 22.11.2021 has been quoted in the impugned order but the District Basic Education Officer, respondent no. 2 has not given any consideration to the same and has again reiterated his earlier order relying upon the Government Order dated 15.01.2019 as was done earlier on 30.04.2019.
This court finds that the Basic Education Officer, Chandauli, is repeatedly disregarding the orders of this court and is passing order against the mandate of this court regarding the Government Order dated 15.01.2019. Hence, the impugned order dated 23.12.2021 passed by District Basic Education Officer, Chandauli is hereby quashed.
The prayer made in the writ petition is hereby allowed.
The petitioner is free to make appointment on the post of clerk in his institution as per the rules.
Considering the fact that the Basic Education Officer has not applied his mind to the order of this court passed twice setting aside the Government Order dated 15.01.2019 and he has again passed the impugned order on the same ground whereon the earlier order dated 30.04.2019 was passed by him, this court finds that the aforesaid Basic Education Officer has prima facie committed misconduct in discharge of his official duty by repeatedly passing orders without application of mind and showing no regard to this court's order.
Issue notice to Satyendra Kumar Singh, Basic Education Officer, Chandauli to show cause as to why disciplinary proceedings may not be ordered against him for repeated negligence in the performance of his official duty and disregarding the order of this court with impunity. He is directed to appear in person through private counsel on 25.04.2022 to show cause against the proposed inquiry to be ordered against him. It is made clear that respondent no. 2, Satyendra Kumar Singh, Basic Education Officer, Chandauli, will not be granted any service of the State Counsel. He will engage private counsel and will file his reply showing cause before this court on the next fixed at 10:00 am sharp as to why disciplinary proceedings may not be ordered against him. He will not be entitled to claim in travelling allowance from the state for attending this court in this case.
In case he fails to appear before this court through private counsel on the next date, warrant shall be issued against him.
Registrar (Compliance) is directed to communicate this order to the aforesaid public servant within 48 hours.
Put up this case as a fresh case on 25.04.2022. "
3. In compliance of the aforesaid order, the District Basic Education Officer, Chandauli, Sri Satyendra Kumar Singh, appeared before this court on 25.04.2022 and filed an exemption application supported by an affidavit stating that since the judgment passed in this case of Committee of Management C/M Manorama Kanya Junior High School, Moradabad and another vs. State of U.P & others was challenged by the State by way of Special Appeal Defective No. 30 of 2022 therefore, he relied upon the Government Order dated 15.01.2019 and passed the impugned order.
4. Learned Senior Counsel, Sri Ashok Khare, assisted by Sri Sunil Kumar Srivastava, Advocate have put in appearance on behalf of above noted public servant and have submitted that the mistake on the part of the public servant cannot be defended. Fair statement has been made that on account of pendency of a Special Appeal against the order passed in the case of Committee of Management Manorama Kanya Junior High School, Moradabad (supra), the aforesaid government servant on the pressure of the higher authorities passed the impugned order. Lenient view may be taken against him.
5. This Court finds that in the impugned order the District Basic Education Officer aforesaid has not taken the ground that a Special Appeal is pending against the order passed by this court in the case of Committee of Management Manorama Kanya Junior High Court, Moradabad (supra). Rather he has relied upon the Government Order dated 15.01.2019 and has decided the dispute against the petitioner. Therefore, clearly the aforesaid public servant has committed misconduct in office which has been defined in Black Dictionary as follows :-
"Any unlawful behaviour by a public officer in relation to the duties of his office, willful in character. Term embraces acts which the office holder had no right to perform, acts performed improperly, and failure to act in the face of an affirmative duty to act."
6. In view of the above misconduct in office, the District Basic Education Officer, Chandauli, aforesaid has clearly been negligent in discharge of his official duties and liable for being proceeded departmentally.
7. Keeping in view the fact that a special appeal is pending regarding the judgment passed in the case of Committee of Management Manorama Kanya Junior High School (supra), this Court warns Sri Satyendra Kumar Singh, District Basic Education Officer, Chandauli, to be very careful in future and not to indulge in mis-adventure of passing order against the judgment of the High Court unless the judgment of this Court is set aside by the higher court or its effect and operation is stayed by the higher court. Its binding value cannot be abnegated by the public servant only on the pretext of the pendency of challenge.
8. No further orders are required in this petition. It is consigned to record.
Order Date :- 20.06.2022
Rohit
