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Shri Om Prakash & Others v. State Of U.P. & Another - SPECIAL APPEAL No. 750 of 2007 [2007] RD-AH 10435 (5 June 2007)


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Court No. 42

Special Appeal No. 750 of 2007

Om Prakash and others Vs. State of U.P. and others

Hon'ble S.U. Khan, J.

Hon'ble Sudhir Agarwal, J.

Heard Sri B. Mullik, learned counsel for the appellants and learned Standing Counsel appearing for the respondents.

The appellants are aggrieved by the judgment dated 10.5.2007 passed by Hon'ble Single Judge dismissing the Writ Petition No. 22547 of 2007 (Om Prakash and others Vs. State of U.P. and others) which was preferred against the show cause notice dated 3.5.2007 issued by the District Basic Education Officer, Bareilly.

Learned counsel for the appellants contended that the appellants appear before the authority concerned on 12.12.2006 but they were not heard on that date and the documents were also not allowed to be submitted by the authority concerned and despite that the impugned show cause notice has been issued to the petitioners. Learned counsel for the appellants after obtaining instructions from the appellants made a statement that all the appellants are ready to appear before the authority concerned on any date as may be directed by this Court.

In the circumstances, without entering into the merits of the case, we dispose of this appeal with a direction to the appellants to appear before the District Basic Education Officer, Bareilly in his office on 22.6.2007 between 11 to 12 A.m. on which date they shall submit a written representation and produce the relevant documents before the said authority who shall also give an opportunity of hearing to the appellants. We hope and trust that the authority concern shall be present on the said date to hear this matter and pass appropriate order. In case the appellants appear on the date fixed before the District Basic Education Officer, Bareilly and produce the relevant documents and submit their written representation, the authority concern shall consider the entire matter and pass appropriate order in accordance with law within a week thereafter. With these observations this special appeal is disposed of.  The office is directed to supply a copy of this order to the learned Standing Counsel who shall communicate the same to the District Basic Education Officer, Bareilly for information and compliance.  




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