# Arvind Kumar Pandey v. State of U.P. & Ors

- **Citation:** (2023) 7 ILRA 282
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2023-05-23
- **Case number:** Writ-A No. 3292 of 2023
- **Bench:** Dinesh Kumar Singh
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/arvind-kumar-pandey-v-state-of-u-p-ors-50419
- **Pages:** 6

## Headnote

A. Service Law - Suspension - Uttar
Pradesh Government Servant (Discipline
and Appeal) Rules, 1999 -Rule 4 - Uttar
Pradesh
Secondary
Education
Service
Commission
(Removal
of
Difficulties)
Order 1981 - Uttar Pradesh Secondary
Education (Services Selection Boards) Act,
1982 - Sections 18 & 33-C(2)(a) - It is the
duty of the State Government to find out
illegal
wealth
accumulated
by
a
government
employee
during
his/her
service period and take appropriate action
against such an employee. (Para 22)

Considering the allegations leveled against the
petitioner and also taking note of his status,
reach and resources, the State Government has
placed him under suspension. The impugned
orders suffer from any illegality or arbitrariness
which require an interference of this Court in
exercise of its jurisdiction u/Article 226 of the
Constitution of India. (Para 20)

Commercialization of education has eroded the
very value of education. As a result, there are
education mafias and nakal mafias in the
system. Schools and colleges have become
profit
making
establishments.
It
is
the
responsibility of the State and the Society to
clean the education system. (Para 19)

Writ petition dismissed. (E-4)

Present
petition
assails
order
dated
15.04.2023
against
suspension
and
institution of disciplinary proceedings. Also,
order
dated
18.04.2023,
whereby
the
charge of Joint Director of Education,
Ayodhya Division, Ayodhya has been given
as an additional charge to Shri Manoj Kumar
Dwivedi, Divisional Joint Director, Kanpur.

## Text

282 INDIAN LAW REPORTS ALLAHABAD SERIES
rendered by the petitioner prior to his
attaining the age of majority can be taken
into account.

28. The objection taken by learned
Senior counsel for the petitioner that
persons junior to the petitioner have been
considered and appointed on the post of
Collection Peon under 50% quota, it is
apparent on perusal of record that in the
final seniority list of Seasonal Collection
Peons of Tehsil BKT dated 02.09.2009,
name of the petitioner finds place at Sr.
No.13 and the person, namely, Ram
Kishore, who is at Sr. No.12 in the said list,
has worked more than 01 year 05 months
and 01 day than the petitioner, therefore,
services rendered by the petitioner even
including the services rendered at Tehsil
Malihabad i.e. 48 days is less than him,
therefore,
there
appears
to
be
no
irregularity or illegality in the impugned
order dated 03.09.2009, contained as
Annexure-1 to the writ petition.

29. The writ petition lacks merit and
is hereby dismissed.
----------
(2023) 7 ILRA 282
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 23.05.2023

BEFORE

THE HON'BLE DINESH KUMAR SINGH, J.

Writ-A No. 3292 of 2023

Arvind Kumar Pandey ...Petitioner
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioner:
Ravi Singh, Raj Kumar Singh Suryavanshi

Counsel for the Respondents:
C.S.C., Akhilesh Kumar Pandey

A. Service Law - Suspension - Uttar
Pradesh Government Servant (Discipline
and Appeal) Rules, 1999 -Rule 4 - Uttar
Pradesh
Secondary
Education
Service
Commission
(Removal
of
Difficulties)
Order 1981 - Uttar Pradesh Secondary
Education (Services Selection Boards) Act,
1982 - Sections 18 & 33-C(2)(a) - It is the
duty of the State Government to find out
illegal
wealth
accumulated
by
a
government
employee
during
his/her
service period and take appropriate action
against such an employee. (Para 22)

Considering the allegations leveled against the
petitioner and also taking note of his status,
reach and resources, the State Government has
placed him under suspension. The impugned
orders suffer from any illegality or arbitrariness
which require an interference of this Court in
exercise of its jurisdiction u/Article 226 of the
Constitution of India. (Para 20)

Commercialization of education has eroded the
very value of education. As a result, there are
education mafias and nakal mafias in the
system. Schools and colleges have become
profit
making
establishments.
It
is
the
responsibility of the State and the Society to
clean the education system. (Para 19)

Writ petition dismissed. (E-4)

Present
petition
assails
order
dated
15.04.2023
against
suspension
and
institution of disciplinary proceedings. Also,
order
dated
18.04.2023,
whereby
the
charge of Joint Director of Education,
Ayodhya Division, Ayodhya has been given
as an additional charge to Shri Manoj Kumar
Dwivedi, Divisional Joint Director, Kanpur.

(Delivered by Hon'ble Dinesh Kumar
Singh, J.)

1. Heard Shri Ravi Singh, learned
counsel for the petitioner and Shri Sandeep
Sharma,
learned
Standing
Counsel
appearing
for
the
State-respondents.
7 All. Arvind Kumar Pandey Vs. State of U.P. & Ors.
283

2. The petitioner-Shri Arvind Kumar
Pandey while holding the post of Joint
Director of Education, Ayodhya Division,
Ayodhya has filed the present petition
under Article 226 of the Constitution of
India seeking quashing of the order dated
15.04.2023
for
placing
him
under
suspension under Rule 4 of the Uttar
Pradesh Government Servant (Discipline
and Appeal) Rules, 1999 (hereinafter
referred to as "Rules, 1999") and instituting
the disciplinary proceedings against him.
The petitioner has also challenged the order
dated 18.04.2023 whereby the charge of
Joint Director of Education, Ayodhya
Division, Ayodhya has been given as an
additional charge to Shri Manoj Kumar
Dwivedi,
Divisional
Joint
Director,
Kanpur.

3. The petitioner had allegedly in
abuse and misuse of his power for
extraneous consideration had regularized
122 teachers who were illegally appointed
by the Committees of Management of
several schools/colleges after 07.08.1993,
and these teachers were drawing salary
only on the strength of interim orders
passed by this Court in respect of payment
of salary to such teachers. The petitioner
allegedly in criminal conspiracy with the
Committees of Management of several
schools/colleges
for
extraneous
consideration and against the notification
dated 22.03.2016 had regularized the
services of the said 122 teachers.

4.

Against
these
illegal
regularizations, one Shri Shashi Kant
Pandey, Assistant Teacher, P.D. Inter
College, Sonyasa, Rasoolabad, Ayodhya
gave
a
complaint
vide
letter
dated
05.12.2022 and another complaint dated
20.01.2023 made by Shri Shailesh Kumar
Singh, Assistant Teacher, resident of
Village
Kopa,
Post-Alipur,
DistrictSultanpur was also received by the State
Government
in
respect
of
illegal
regularization of teachers by the petitioner.

5. The State Government with a view
to find out the correctness, veracity and
genuineness
of
the
aforesaid
two
complaints, vide order dated 20.01.2023
directed
the
Commissioner,
Ayodhya
Division, Ayodhya to get the allegations
labeled against the petitioner in the
aforesaid two complaints enquired. The
Commissioner,
Ayodhya
Division,
Ayodhya vide letter dated 27.02.2023
constituted a Three Members Enquiry
Committee comprising of (1) Shri Sunil
Kumar Shukla, Additional Commissioner
(Administration),
(2)
Shri
Neeraj
Srivastava, Additional Director, Treasury
and Pension, Ayodhya Division, Ayodhya
and (3) Shri Arvind Kumar John, Joint
Development Commissioner, Ayodhya for
making an enquiry into the allegations in
two complaints against the petitioner and
for submission of a report.

6. The Three Members Enquiry
Committee in its report dated 03.03.2023
concluded that Shri Arvind Kumar Pandeypetitioner had regularized such teachers
who were getting salary in compliance of
interim orders passed by this Court. It was
also noticed that as per the notification
dated 22.03.2016, the State Government
had directed that the teachers who were not
appointed in accordance with the Uttar
Pradesh
Secondary
Education
Service
Commission (Removal of Difficulties)
Order 1981 or as per Section 18 of the
Uttar
Pradesh
Secondary
Education
(Services Selection Boards) Act, 1982
would not be entitled for regularization.
The petitioner had not adhered to the said
directions issued by the State Government
284 INDIAN LAW REPORTS ALLAHABAD SERIES
and had regularized the services of teachers
who were illegally appointed by the
managements.

7. The petitioner in a well strategic
move canceled the regularization of 34
teachers under his signatures without
following the prescribed procedure and
without constituting a committee so that
these 34 teachers would get relief from the
High Court. It appears that as per the well
thought out strategies of the petitioner,
these 34 teachers had obtained relief from
this Court against the orders passed by the
petitioner canceling their regularization
without following due procedure.

8. It is relevant to take note of that for
considering regularization of the teachers
appointed on adhoc basis by the Committees
of Management of several schools/colleges,
the State Government had constituted a Four
Member Committee under Section 33-C(2)
(a) of the Uttar Pradesh Secondary Education
(Service
Selection
Boards)
Act,
1982
comprising
of
(A)
Joint
Director
of
Education, (B) Divisional Deputy Director of
Education, (C) Divisional Assistant Director
of Education (Basic), Ayodhya Region,
Ayodhya and (D) District Inspector of
Schools
of
concerned
District.
Such
committees have been constituted for every
division
of
the
State.
The
petitioner
constituted the Committee, wherein in place
of the persons as directed by the State
Government, their nominated members were
part of the said Committee and the petitioner
obtained their signatures for regularization of
adhoc teachers who were illegally appointed
by the Committees of Management of several
schools/colleges after 07.08.1993.

9. Considering the illegal, arbitrary
and malafide conduct of the petitioner for
extraneous
consideration,
the
State
Government had placed the petitioner
under suspension vide impugned order
dated 15.04.2023 under Rule 4 of the
Rules, 1999 and has instituted disciplinary
proceedings against him under Rule 7 of
the Rules, 1999.

10. Vide Office Memorandum dated
01.05.2023, Shri Pawan Kumar, Director,
(IAS) Social Welfare, Uttar Pradesh,
Lucknow was nominated as the Enquiry
Officer.
With
the
approval
of
the
appointing
authority
vide
Office
Memorandum dated 01.05.2023 chargesheet has been issued to the petitioner
containing
five
charges
for
illegal
regularization of teachers with malafide for
extraneous consideration.

11. The petitioner was given fifteen
days' time to file his response/reply to the
said charge-sheet. The State Government
vide
Office
Memorandum
dated
10.05.2023
had
issued
supplementary
charge-sheet containing charge of illegal
regularization of 34 adhoc teachers in
District-Ambedkarnagar,
Ayodhya
and
Sultanpur. The State Government has also
constituted a vigilance enquiry vide letter
dated 10.05.2023 in respect of movable and
immovable properties illegally earned by
the petitioner during his Government
service. The Vigilance Department is
conducting an open enquiry on the basis of
various complaints received against the
petitioner
for
amassing
huge
disproportionate assets by him during his
service period.

12. Shri Ravi Singh, learned Counsel
for the petitioner has submitted that the
impugned suspension order is illegal. There
is no allegation of embezzlement by the
petitioner
or
accepting
bribe
for
regularizing 122 teachers appointed by the
7 All. Arvind Kumar Pandey Vs. State of U.P. & Ors.
285
Committees of Management of several
schools/colleges. He has further submitted
that the charges, if proved, would not entail
major penalty, therefore, placing the
petitioner under suspension vide impugned
order dated 15.04.2023 is wholly unjust,
illegal and arbitrary. Since, some of the
members of the Regularization Committee
had withdrawn their membership and
therefore, the petitioner had nominated
persons in their place. It cannot be said that
the petitioner had illegally acted in
constituting
the
committee
for
regularization. He has further submitted
that the petitioner was authorized by the
State Government through the Committee
for Regularization of the candidates that if
any concealment or fabrication was found
against a candidate(s), the petitioner could
cancel
the
regularization
of
such
candidate(s), therefore, the petitioner has
canceled the regularization of 34 such
teachers. The suspension order should not
be a routine administrative order. An
employee
should
be
placed
under
suspension on consideration of gravity of
misconduct
or
nature
of
allegations
imputed to the delinquent employee.
Considering
the
charges
against
the
petitioner, it appears that the order has been
passed as a routine administrative order,
therefore, the same is liable to be set aside.

13. On the other hand, Shri Sandeep
Sharma, learned Standing Counsel for the
State-respondents has opposed the prayer
made on behalf of the petitioner and has
submitted that the petitioner had acted in a
most illegal, arbitrary and malafide manner
for extraneous consideration in illegally
regularizing 122 teachers and thereafter,
canceling the regularization of 34 teachers
illegally just to benefit them in the writ
court. He further submitted that charges, if
proved,
would
entail
major
penalty.
Considering the influence, resources and
wealth accumulated by the petitioner, the
State Government in a well considered
decision has placed him under suspension
and has ordered an open vigilance enquiry
for huge wealth amassed by him during his
service period.

14. I have considered the submissions
made on behalf of the parties.

15. The word 'mafia' is quite
prevalent in India. There are Bahubalis and
Mafias in politics who have amassed huge
wealth from the proceeds of crime and their
rein of terror runs deep into hearts and
psyches of law abiding citizens. There are
sub categories of Mafias, such as, land
mafia, nakal mafia and education mafia etc.
There are education mafias amongst the
government servants who are required to be
weeded out expeditiously.

16. The importance of education has
been recognized in person's and society's
life from time immemorial. In India
tradition, an illiterate person is considered
to be equal to an animal because without
education, he will not be able to rise above
his physical self. Hence, the belief that a
person who is initiated into education is
twice born, first time physically and second
time spiritually. Without education one
cannot acquire knowledge. Knowledge has
to be used for the welfare of the world.
Education is the soul of Indian Civilization.
The education is a means for awakening
humans to realize their potential and
making them empowered and capable for
outstanding contribution to their lives.

17. In Indian mythology also,
significance and importance of education
for a human being has been described in
following Sanskrit verses:-
286 INDIAN LAW REPORTS ALLAHABAD SERIES
"विद्याविहीना बहिोSवि िुत्ााः कल्िायुषाः सन्तु
वितुाः ककमेत ाः।
क्षययष्णुना िाSवि कलािता िा तस्याःप्रमोदाः
शशशनेि शसिंधोाः।।1।।"
Transliteration-
Vidyāvihīnā Bahavoapi Putrāḥ Kalpāyuṣaḥ
Santu Pituḥ Kimetaiḥ।
Kṣayiṣṇunā Vāapi Kalāvatā Vā Tasyaḥ
Pramodaḥ Śaśineva Sindhoḥ।।
English Meaning-

Of what use is having many sons
who are fools without any knowledge, but
with longer lifespan. On the other hand, if
they are experts in various arts, but with
less lifespan, they bring extreme joy to
their father just like the Moon gives to the
Ocean.
"विद्या प्रशस्यते लोक ाः विद्या सिवत् गौरिा।
विद्यया लभते सिं विद्िान सिवत् िूज्यते।।2।।"
Transliterations-
Vidyā Praśasyate Lokaiḥ Vidyā Sarvatra
Gauravā।
Vidyayā Labhate Sarvaṁ Vidvāna Sarvatra
Pūjyate ।।
English Meaning-

Knowledge
is
extolled
by
everyone, knowledge is considered great
everywhere, one can attain everything with
the help of knowledge person is person is
respected everywhere.
"न चौरहायं न च राजहायं न च भ्रातृभाज्यिं न
च भारकारर।
व्यये कृते िधवत एि यनत्यिं विद्याधनिं
सिवधनप्रधानम्।।3।।"
Transliterations-
Na Caurahāryaṁ Na Ca Rājahāryaṁ Na Ca
Bhrātr̥bhājyaṁ Na Ca Bhārakāri।
Vyaye Kr̥te Vardhat Eva Nityaṁ
Vidyādhanaṁ Sarvadhana Pradhānaṁ।।
English Meaning-

It can neither be plundered by a
thief, nor can be squeezed by the king, can
be divided by brothers or not, and does not
fall on consumption. The more the
education is spent, the more its grows.

18.

Swami
Vivekananda
said
"Educate and raise the masses, and thus
alone the nation is possible". Education is
considered to be an important means to
achieve the four aims of human life,
namely-Dharma (virtue), Artha (wealth),
Karma (pleasure) and Moksh (spirituality).
Knowledge
is
extolled
by
everyone,
knowledge is considered great everywhere,
one can attain everything with the help of
knowledge and person with knowledge is
respected everywhere.

19. Unfortunately commercialization
of education started in big way with most
accelerated
speed
in
nineties.
Commercialization of education has eroded
the very value of education. As a result,
there are education mafias and nakal mafias
in the system. Schools and colleges have
become profit making establishments. It is
the responsibility of the State and the
Society to clean the education system.

20. Considering the allegations
leveled against the petitioner and also
taking note of his status, reach and
resources, the State Government has placed
him under suspension. I do not find that the
impugned orders suffer from any illegality
or
arbitrariness
which
require
an
interference of this Court in exercise of its
jurisdiction under Article 226 of the
Constitution of India.

21. In view thereof, the present
petition is hereby dismissed. The State
Government is directed to complete the
disciplinary proceedings initiated against
7 All. Krishna Kumar & Anr. Vs. State of U.P. & Ors.
287
the petitioner expeditiously preferably
within a period of four months from today
and the Department of Home Affairs,
Government of Uttar Pradesh is also
directed to conclude the open vigilance
enquiry initiated against the petitioner in a
most expeditious manner preferably within
a period of three months from today and
take necessary action accordingly.

22. It is the duty of the State
Government to find out illegal wealth
accumulated by a government employee
during his/her service period and take
appropriate
action
against
such
an
employee.

23. Let a copy of this order be
transmitted
to
the
Additional
Chief
Secretary/Principal Secretary, Department
of Home Affairs, Government of Uttar
Pradesh for necessary action.
----------
(2023) 7 ILRA 287
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: LUCKNOW 04.07.2023

BEFORE

THE HON'BLE DINESH KUMAR SINGH, J.

Writ-A No. 3814 of 2022
And
Writ-A No. 1305 of 2022 and 1514 of 2022

Krishna Kumar & Anr. ...Petitioners
Versus
State of U.P. & Ors. ...Respondents

Counsel for the Petitioners:
Sameer Kalia, Srideep Chatterjee

Counsel for the Respondents:
C.S.C.,
Raj
Kumar
Upadhyaya
(R.K.
Upadhyaya), Ratnesh Chandra, Tushar
Verma
A.
Service
Law
-
Appointment
-
Promotion - Uttar Pradesh Public Works
Department "Group-B" Civil Engineering
Service Rules - 2004 - Rule 5 - Sarvajanik
Nirman
Vibhag
Sangdak
Sewa
Niyamawali, 1968 - Rules 5 - 19; Uttar
Pradesh
Sarvajanik
Nirmaan
Vibhaag
Rekhankan Adhisthaan Sewa Niyamawali,
1984 - Rule 5 - The eligibility for
promotion
to
the
post
of
Assistant
Engineer (Civil) as per Rule 5 of Rules,
2004 is seven years substantive service on
the
post
of
Junior
Engineer
(Technical)/Computer on the basis of
seniority subject to rejection of unfit. The
petitioners and the private opposite parties
belonging to one cadre i.e. Junior Engineer
(Technical).
The
petitioners
were
directly
appointed to the post of Junior Engineer
(Technical)/Computer,
whereas
the
private
opposite parties were promoted to the said post
under the Rules, 1968. There is a common
seniority list, which remains unchallenged. (Para
34)

B. There cannot be a class within class for
the purpose of further promotion - The
Rules, 1968 are not rescinded after
enactment of Rules, 1984 and are very
much in existence in the statute book -
Rules, 1968 provide eligibility and the procedure
for promotion to the post of Junior Engineer
(Technical)/Computer
from
the
post
of
Draftsman. Under Rules, 1984, one more
avenue of promotion to the Draftsman i.e. Head
Draftsman has been created. After promotion of
the opposite parties from the post of Draftsman
to
the
post
of
Junior
Engineer
(Technical)/Computer,
the
cadre
of
the
petitioners and such promotees of Junior
Engineer (Technical), became one i.e. the cadre
of Junior Engineer (Technical). (Para 35)

C. The Court cannot lay down a new
qualification for promotion, which is not
prescribed under the statute/relevant
service rules. This Court in Writ-A No.15161 of
2021 filed by the direct appointees of Junior
Engineer (Technical), had given direction for
forwarding the names of eighteen eligible
candidates from the final seniority list of Junior
Engineer (Technical)/Computer to the Public
Service Commission for promotion to the post of