Alld HC flags 'disturbing circumstances' in basic education department
PRAYAGRAJ, Aug. 26 -- The Allahabad high court has flagged what it described as "disturbing circumstances" prevailing in Uttar Pradesh's basic education department, observing that allegations of corruption and illegal gratification are frequently brought to its notice.
Justice Manju Rani Chauhan made the observation while considering an application seeking withdrawal of a writ petition that had remained pending before the court for nearly six years. The petition was filed by Uphar Kushwaha, challenging a 2018 order passed by the Basic Shiksha Adhikari, Prayagraj.
The petitioner had sought protection against interference with his duties as an assistant teacher at a junior basic school, as well as payment of his regular salary.
However, on August 20, the petitioner sought permission to withdraw the matter, submitting that his grievance had since been settled. The court declined to accept the claim at face value.
Justice Chauhan observed that no order or document had been placed on record showing how the grievance had been settled or whether the impugned (under challenge) order had been withdrawn. The court noted that the matter had been taken up on several occasions beginning July 19, 2019, and that an interim order had been passed on November 18, 2019, staying the operation of the impugned order. The petition had remained pending and, after nearly six years, the petitioner sought withdrawal merely on the ground that his grievance had been settled.
"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," the court observed in its order dated August 20.
The court said that the process of the court could not be permitted to be "frustrated" by a subsequent, unexplained administrative action.
The court directed the Prayagraj BSA to file a personal affidavit explaining how and in what manner the petitioner's grievance had been settled. The BSA was also directed to clarify whether the impugned order was actually withdrawn, recalled, modified or otherwise annulled....
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