1 week ago
Allahabad High Court Questions Unexplained Settlement in Teacher’s Case
A teacher in Uttar Pradesh asked the court to close his case because he said his problem had been solved.
The case had been open for almost six years.
The teacher did not provide papers showing how the problem was solved.
The Allahabad High Court said it could not simply accept that explanation.
The court also said it often hears corruption allegations involving the Basic Education Department.
It ordered the local education officer to explain what happened.
The officer must say whether the earlier order was withdrawn, changed, or cancelled.
The court will look at the explanation at a hearing on September 10.
The Allahabad High Court declined to accept a teacher’s request to withdraw his nearly six-year-old petition without supporting documents.
Uphar Kushwaha had challenged a 2018 order by the Prayagraj Basic Shiksha Adhikari concerning his teaching duties and salary.
The court noted that an interim order had stayed the challenged order’s operation since November 18, 2019.
It said allegations of corruption and illegal gratification are frequently brought to its notice regarding Uttar Pradesh’s Basic Education Department.
The Prayagraj district basic education officer must file a personal affidavit explaining the alleged settlement before the next hearing on September 10.
- Who
- The Allahabad High Court, Justice Manju Rani Chauhan, teacher Uphar Kushwaha and the Prayagraj district basic education officer.
- What
- The court refused to accept withdrawal of a petition without evidence that the teacher’s grievance had been settled and ordered an official explanation.
- Where
- The dispute concerns the Basic Education Department in Prayagraj, Uttar Pradesh, and was heard by the Allahabad High Court.
- When
- The order was dated August 20; the next hearing is scheduled for September 10. The petition had been pending for nearly six years, with an interim order issued on November 18, 2019.
- Why
- The court sought to establish whether the challenged order was actually withdrawn or otherwise annulled and to prevent unexplained administrative action from frustrating court proceedings.
Court’s scrutiny
Petitioner’s position
Whether the case was resolved
Court’s scrutiny
The court said the claim that the grievance had been settled was unsupported because no order or document was filed.
Petitioner’s position
The petitioner sought permission to withdraw the petition on August 20, stating that his grievance had been settled.
Administrative action
Court’s scrutiny
The court required the competent authority to disclose how the settlement occurred and whether the challenged order was withdrawn, changed or cancelled.
Petitioner’s position
The petitioner’s withdrawal request implied that a later administrative action had resolved the dispute, but the record did not specify what action occurred.
Key facts
- Petitioner
- Uphar Kushwaha, an assistant teacher at a junior basic school
- Original dispute
- A challenge to a 2018 order passed by the Basic Shiksha Adhikari, Prayagraj
- Relief sought
- Protection from interference with teaching duties and payment of regular salary
- Interim order
- The challenged order’s operation was stayed on November 18, 2019
- Court’s concern
- The court cited frequent allegations of corruption and illegal gratification in the Basic Education Department
- Required explanation
- The district basic education officer must clarify whether the order was withdrawn, recalled, modified or annulled
- Next hearing
- September 10
Quotes
Allahabad High Court
The court hearing the writ petition concerning the Basic Education Department
“What is conspicuously absent, however, is any disclosure as to in what manner the alleged grievance has been settled, the bald assertion that the grievance has been settled cannot be accepted at its face value particularly when the petition has remained pending for years.”
theprint.in
“This court cannot lose sight of the disturbing circumstances prevailing in the Basic Education Department, where allegations of corruption and illegal gratification are frequently brought to its notice.”
theprint.in
Sources
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