Court No. - 39
Case :- WRIT - A No. - 9538 of 2019 Petitioner :- Satish Kumar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Satyendra Chandra Tripathi,Radha Kant Ojha, Sr. Advocate Counsel for Respondent :- C.S.C.,Sanjay Kumar Singh,Yogendra Singh Bohra
Hon'ble Neeraj Tiwari,J.
Supplementary affidavit filed today, is taken on record.
Heard Sri R.K. Ojha, learned senior counsel assisted by Sri Satendra Chandra Tripathi, learned counsel for the petitioner, learned standing counsel for respondent no. 1, Sri Y.S. Bohra, learned counsel for respondent nos. 2 and 3 and Sri Sanjay Kumar Singh, learned counsel for respondent no. 4.
By way of present petition, petitioner is challenging the order dated 8.5.2019 passed by respondent no. 2.
Learned counsel for the petitioner submitted that there is no violation of Government Order dated 13.6.2017 as petitioner has never been punished in any departmental proceeding and only a show cause notice dated 21.6.2019 has been issued to the petitioner by District Basic Education Officer, Aligarh, which was duly replied by the petitioner on 18.7.2019.
Sri Y.S. Bohra, learned counsel for the respondent nos. 2 and 3 has not disputed the fact, but submitted that earlier petitioner has filed Writ A No. 5272 of 2019, which was disposed of vide order dated 9.5.2019 with direction to the petitioner that he shall join the present place of posting in compliance of the order dated 08.05.2019 passed by respondent no. 2. He further submitted that the said order has never been challenged by the petitioner, therefore, this petition is not maintainable against the order dated 08.05.2019 passed by Secretary, Basic Education Board, Allahabad, which is not disputed by learned counsel for the petitioner.
Under such facts and circumstances, petition lacks merit and is accordingly, dismissed.
Order Date :- 30.7.2019 Arvind