Arun Kumar Niranjan vs District Basic Education Officer

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 10866-10867 OF 2017 [@ SPECIAL LEAVE PETITION (C) Nos. 5894-5895 OF 2017]

ARUN KUMAR NIRANJAN Appellant (s)

VERSUS

DISTRICT BASIC EDUCATION OFFICER & ORS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. The appellant, while working as a teacher, was

promoted to the post of Headmaster in the year 2007.

It appears that the appellant did not join duty,

because according to the appellant, it was to a rural

inconvenient area. Thereafter, the appellant was

promoted again and posted as Headmaster by order

dated 28.08.2010.

3. While working as Headmaster in terms of the

promotion, the following Office Order was issued on

04.09.2010:-

“As per the serial no. 145 of order no./Promotion/282/2010-11 dated 28.08.2010 of this office, Shri Signature Not Verified Digitally signed by JAYANT KUMAR ARORA Vishnuswarup, Assistant Teacher, Girls Date: 2017.09.04 11:36:44 IST Reason: Primary School, Nibahna, Block : Maheva has been promoted on the post of Head Master in Girls Primary School, Nibahna, 2

Block : Maheva. His promotion being of 2007 and on the basis of approval of the Chairman District Selection Committee (Promotion) is cancelled till the next orders with immediate effect.”

4. Thereafter, on 18.04.2011, a chargesheet was

issued to the appellant with the following charges :-

“1.Not taking charge in the original school after the cancellation of the promotion;

2.Defying the instructions of the A.B.S.A., Development Block : Kaunch;

3.Defying the Developmental Orders.”

5. Ms. Aishwarya Bhati, learned counsel appearing

for the respondents, submits that the rules were

amended on 15.01.2010. The amended Rule (d) reads as

follows :-

“If any teacher refuses the promotion within from the both aforesaid backward areas, that teacher would not be promoted till upcoming three years and again after three years, the promotion of that teacher would be considered as per prescribed rules.”

6. The learned Single Judge took the view that for

declining to accept the promotion and refusing to

join duty on account of promotion in the year 2007,

the appellant cannot be visited with any penal 3

consequences, by relying on order issued in the year

2010. However, the order has been set aside as per

the impugned order passed by the Division Bench. It

is held by the Division Bench that the actual

promotion of the appellant was after the introduction

of the amended rules in January, 2010. But

unfortunately, the Division Bench missed the crucial

point that the appellant is proceeded against in

respect of his conduct in the year 2007, namely,

declining to accept the promotion and refusing to

join duty in the promoted post. It is not in respect

of an offending conduct after the introduction of the

new rules in 2010. Therefore, we set aside the

impugned Judgment and restore the Judgment of the

learned Single Judge.

7. However, in the peculiar facts of this case, the

order on costs passed by the learned Single Judge is

vacated.

8. In view of the above, the appeals are disposed

of.

No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ R. BANUMATHI ]

New Delhi;

August 25, 2017.

4

ITEM NO.18 COURT NO.5 SECTION XI

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 5894-5895/2017

(Arising out of impugned final judgment and order dated 27-09-2016 in SA No. 1762/2011 and SA No. 1768/2011 passed by the High Court Of Judicature At Allahabad)

ARUN KUMAR NIRANJAN Petitioner(s)

VERSUS

DISTRICT BASIC EDUCATION OFFICER & ORS. Respondent(s)

Date : 25-08-2017 These petitions were called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI

For Petitioner(s) Mr. Anupam Mishra, AOR Ms. Pooja Singh, Adv.

For Respondent(s) Ms. Aishwarya Bhati, Adv.

Ms. Alka Sinha, Adv.

Mr. Adarsh Kumar Tiwari, Adv.

Mr. Anuvrat Sharma, Adv.

UPON hearing the counsel the Court made the following O R D E R

Leave granted.

The appeals are disposed of in terms of the signed

non-reportable Judgment.

Pending interlocutory applications, if any, stand disposed of.

(JAYANT KUMAR ARORA) (RENU DIWAN) COURT MASTER ASSISTANT REGISTRAR

(Signed non-reportable Judgment is placed on the file)