Court No. - 58
Case :- WRIT - A No. - 8061 of 2018 Petitioner :- Ram Prakash Rai Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Alok Kumar Singh Counsel for Respondent :- C.S.C.,Ras Bihari Pradhan
Hon'ble Ashwani Kumar Mishra,J.
This writ petition is directed against an order passed by the District Basic Education Officer, Ghazipur, dated 29th December, 2016, whereby suspension order passed against the petitioner has been revoked and the petitioner has been directed to report for working in Madhyamik Vidyalay Sherpur Kala, Mohammadabad, Ghazipur.
The order is challenged on the ground that petitioner was working in urban area and while reinstating him in service, he could not have been posted in rural area without his consent. Submission is that the order itself is violative of Rule 21 of the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981.
Learned Standing Counsel, on the basis of instructions, states that the petitioner has joined pursuant to the order dated 29th December, 2016 and having acquiesced to such order is now stopped from challenging it.
Although the argument advanced on behalf of petitioner with reference to Rule 21 appears to have substance, yet this Court is not inclined to interfere in the matter, simply for the reason that the order itself was passed on 29th December, 2016, but the petitioner never challenged it. Except to state that a representation was made, which also has been filed on 6th March, 2018, there is nothing on record to show that petitioner ever objected to order dated 29th December, 2016. Having joined pursuant to such order, it would not be open for the petitioner to challenge the order after expiry of more than an year. Petitioner has clearly acquiesced to the order under challenge, and therefore, no interference is warranted after expiry of more than an year.
It also appears that serious charges had been levelled against the petitioner and criminal proceedings were also initiated against him. In such circumstances, the District Basic Education Officer while revoking the order of suspension had directed the petitioner to report for duty at a different place. Petitioner complied with the order, and it is only after a long lapse of time that the order is assailed in the present petition.
Writ petition is, accordingly, dismissed.
Order Date :- 25.4.2018 Anil