Court Directs District Basic Education Officer to File Affidavit Explaining Settlement Claims
In a significant development, the Allahabad High Court has expressed serious concerns over the withdrawal of a writ petition after an inordinate delay of six years, without adequate details of the alleged settlement. The case, titled "Uphar Kushwaha v. State of U.P.," involved the petitioner seeking to withdraw his writ petition, originally filed against the Basic Education Department of Prayagraj, citing a resolution of grievances.
Presided over by Justice Manju Rani Chauhan, the court scrutinized the application for withdrawal submitted by the petitioner's counsel, who claimed that the grievance had been settled. The writ petition was initially instituted to challenge an order dated February 25, 2018, issued by the Basic Shiksha Adhikari, Prayagraj. The petitioner sought protection against interference in his role as an Assistant Teacher and the regular payment of his salary.
The court's examination revealed that the petition had been active in court since July 2019, with an interim order passed in November 2019, staying the impugned order. Despite multiple hearings, the petitioner's counsel sought withdrawal after six years, asserting that the issues had been resolved without providing any documentary evidence or specific details of the settlement.
Justice Chauhan highlighted the court's growing concern over the withdrawal of writ petitions after prolonged periods, especially when proceedings had progressed and interim orders were in effect. The absence of any formal documentation or explanation regarding the purported settlement prompted the court to question the legitimacy of the withdrawal request.
In light of the situation, the court directed the District Basic Education Officer, Prayagraj, to submit a personal affidavit detailing the circumstances of the alleged settlement. The affidavit must clearly state whether the impugned order was withdrawn, modified, or annulled, and include relevant documents supporting the claim. The court emphasized the importance of transparency in cases involving public departments, where allegations of corruption and illegal practices are prevalent.
The court has scheduled the next hearing for September 10, 2026, instructing the respondent's counsel and the Registrar Compliance to ensure adherence to the court's directives.
Bottom Line :
Withdrawal of writ petitions after inordinate delays without proper disclosure of resolution details is a matter of concern, particularly in cases involving public departments, like the Basic Education Department, where allegations of corruption and illegal practices have been reported.
Statutory provision(s): Civil Procedure Code
Uphar Kushwaha v. State of U.P., (Allahabad) : Law Finder Doc id # 2966456
