'Deplorable' That Public Representatives Compel Govt Servants To Pass Illegal Orders And They Do So: Allahabad High Court

"It is deplorable that the representative of the public compel the public servant to pass illegal orders and the public servant comply their illegal dictates without any demur," observed the Allahabad High Court recently in one of its orders.

The Bench of Justice Siddharth made this stern remark while allowing a plea filed by one Basrat Ullah challenging an order passed by Special Secretary, UP Govt removing him as the Principal of Madarsa Darul Uloom Ahle Sunnat Badrool Uloom at District Basti.

It was his case that in the year 2019, he was appointed to the post of Principal in the said madrasa and prior to his appointment, he had worked as an assistant teacher at the Darul Uloom Ahle Sunnat Madrasa in Gonda for five years. Based on his experience, he was appointed to the post of Principal.

He joined his duties in October 2019, however, a complaint was made against his appointment and the State Government directed inquiry into the allegations which led to passing of an order dated 23.07.2020. 

Now, a local Member of Legislative Assembly sent a letter to the Chief Minister of the State alleging that the conditional order of approval of appointment of the petitioner dated 23.07.2020 was against the Rules and should be cancelled.

Pursuant to this, the Special Secretary, UP Govt cancelled the approved appointment of the petitioner.

It was his contention before the Court that his appointment was cancelled without holding inquiry and proving the allegations against the petitioner before the inquiry officer by leading reliable evidence. It was submitted that the impugned orders are absolutely arbitrarily and have been passed on the dictate of Member of Legislative Assembly.

Against this backdrop, after hearing the rival contentions, the Court noted that only the complaint made by Sanjay Pratap Jaiswal, local MLA and Swami Prasad Maurya, Minister of Labour and employment U.P. was considered by the special secretary and thereafter a decision was taken to cancel the approval of appointment of the petitioner.

"It is deplorable that the representative of the public compel the public servant to pass illegal orders and the public servant comply their illegal dictates without any demur. The illegality in the conduct of the respondents is apparent from the material on record. The impugned orders have been passed in gross violation of Article 14 of the Constitution of India and are hereby quashed," the Court remarked as it directed that the petitioner be reinstated in service forthwith and his arrears of salary be paid to him within six weeks.

Case title - Basharat Ullah v. State Of U.P. And 6 Others [WRIT - A No. - 1959 of 2022]

Citation: 2022 LiveLaw (AB) 283

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