Court No. - 58
Case :- WRIT - A No. - 10068 of 2018 Petitioner :- Chandra Pal Singh Solanki Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Krishna Mishra Counsel for Respondent :- C.S.C.,Ram Bilas Yadav
Hon'ble Ashwani Kumar Mishra,J.
An order passed by the District Basic Education Officer, Agra, dated 4.4.2018, is challenged, whereby petitioner has been attached to a different institution. The order appears to have been passed on the basis of some enquiry conducted by the Chief Development Officer on the basis of complaint received by the District Magistrate, Agra. The grievance of the petitioner is that in respect of his working, the District Magistrate is not having any jurisdiction, and therefore, the report of CDO also cannot be relied upon.
While entertaining the writ petition, Sri R.B. Yadav appearing for the respondent no.3 was allowed time to obtain instructions. Learned counsel has placed instructions received from the District Basic Education Officer, Agra, which is taken on record. It is stated by the learned counsel for the respondents that there is a dispute between the petitioner and one Narendra Kumar with regard to mid-day-meal scheme being run in the institution, on account of which order itself has been passed.
Nothing is shown on record, which may justify any interference by the office of the District Magistrate, Agra, particularly in view of the fact that under the relevant service rules, the District Magistrate is not an authority competent to intervene.
In such circumstances, the attachment order passed against the petitioner is set aside. The petitioner shall be allowed to continue in the institution, where he is presently posted. However, it is provided that petitioner shall not be associated henceforth in the mid-day-meal scheme, and it would be open for the respondents to depute someone else for the purpose. This observation is being made in view of the fact that the dispute between petitioner and respondent no.4 was with regard to running of mid-day-meal scheme, and the parties seem to be having greater interest in running the scheme of mid-day-meal than teaching the students.
Writ petition is, accordingly, disposed of.
Order Date :- 24.4.2018 Anil