Allahabad High Court
C/M Khalil Higher Secondary School And ... vs State Of U.P. And 3 Others on 13 September, 2019
Author: Ajay Bhanot
Bench: Ajay Bhanot
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 7 Case :- WRIT - C No. - 28066 of 2019 Petitioner :- C/M Khalil Higher Secondary School And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- J.P. SinghAt the request of Sri Kamal Kesarwani, learned counsel holding brief of Sri Vimal Chandra Mishra, learned counsel for the petitioner put up on 11.10.2019 in the list of fresh cases. Counsel for Respondent :- C.S.C. Hon'ble Ajay Bhanot,J.
The submission of Sri J.P. Singh, learned counsel for the petitioner is that the order dated 02.08.2019 ordering single operation of the accounts of the institution was passed in violation of principles of natural justice. The adherence of principles of natural justice is mandatory under Section 5 of the U.P. High Schools and Intermediate Colleges (Payment of Salary to Teachers and other Employees) Act, 1971.
Learned counsel for the petitioner relies on the law laid down by this Court in Committee of Management, Janta Higher Secondary School, Basti and another Vs State of U.P. and others, reported at 2013 (2) AWC 1375. Specific pleadings in this regard have been taken in the writ petition. The prejudice caused to the petitioner is also asserted inasmuch as the defence of the petitioner is that the salary bills were forwarded to the District Inspector of Schools.
The instructions available with the Standing Counsel do not indicate that an opportunity of hearing was given to the petitioner prior to passing of the order dated 02.08.2019.
In light of the submissions made by learned counsel for the parties and the instructions provided by the Standing Counsel, this Court finds that the order dated 02.08.2019 has been passed in violation of principles of natural justice. The law laid down in the case of Committee of Management, Janta Higher Secondary School, Basti and another (supra) being squarely applicable to the facts of this case, is extracted here under:
"6. Having heard learned counsel for the parties, this is not a case where the Court should await any filing of further Affidavits as the impugned order on the face of it is in teeth of the provisions of U.P. Act No. 24 of 1971, which mandatorily requires the issuance of a notice prior to passing of an order of single operation. Admittedly, no notice was issued to the petitioner-Committee of Management. Apart from this, the mere pendency of a dispute cannot be the reason for passing of an order of single operation inasmuch as there is nothing in the order to indicate that the payment of salary was ever obstructed. In such a situation, the passing of the order is absolutely unjustified. The writ petition is allowed. The impugned order dated 3.9.2012 is quashed. The District Inspector of Schools shall take action only after an appropriate decision is taken by the Joint Director of Education in the dispute of the Management."
The order dated 02.08.2019 passed by the District Inspector of Schools, Bareilly, is arbitrary, illegal and cannot stand. The order dated 02.08.2019 is quashed.
The matter is remitted to the respondent no. 3 for fresh consideration in accordance with law. In the meantime the petitioners undertake to forward the up to date salary bills of the staff and teachers of the institution. In case, the said bills are forwarded, the District Inspector of Schools, Bareilly, shall forthwith process them and ensure that the salary of the staff is paid without any delay.
The writ petition is allowed to the extent indicated above.
Order Date :- 13.9.2019 Pravin