Full Judgment Text
1
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
Vishnuswarup, Assistant Teacher, Girls
Digitally signed by
JAYANT KUMAR ARORA
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)