High Court of Judicature at Allahabad
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C/M Bhartiya Uchchattar Madhyamik Vidyalaya Thru Its Manager v. State Of U.P. And Others - WRIT - C No. 59172 of 2006  RD-AH 18402 (1 November 2006)
Hon'ble Vineet Saran, J
Heard learned counsel for the petitioner as well as learned Standing counsel appearing for Respondents no. 1 and 2 and Sri R.K.Ojha for Respondent no.3. With consent of the learned counsel for the parties, this writ petition is being disposed of at this stage without calling for a counter affidavit.
The petitioner is aggrieved by an order dated 13.10.2006 passed under section 5(1) of U.P. Act No.24 of 1971 directing single operation of the accounts of the petitioner-school. The submission of the learned counsel for the petitioner is that the ground for passing the impugned order that the salary bills for the months of July to October, 2006 had not been submitted by the petitioner, is absolutely wrong as every month the said salary bills were submitted within the prescribed period but had not been cleared by the District Inspector of Schools. It has further been submitted that the impugned order has been passed without affording an opportunity of hearing to the petitioner.
It is well settled law that in case if an order is to be passed against the interest of a particular party, the said party should be given notice and opportunity of hearing. Since in the present case the said notice had not been given and the impugned order has been passed in violation of the principles of natural justice, in my view, the same deserves to be set aside.
Accordingly, the order dated 13.10.2006 passed by the District Inspector of Schools, Gorakhpur, Respondent no.2, is hereby quashed. The District Inspector of Schools shall, Gorakhpur, however, be at liberty to pass fresh order, in accordance with law, after giving an opportunity of hearing to the petitioners and the Respondent no.3 as well as other concerned parties, if there be any. The writ petition stands allowed. No order as to cost.
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