Court No. - 21 Case :- WRIT - C No. - 40253 of 2010 Petitioner :- Basanta Respondent :- State Of U.P. Thru' Secy. Panchayati Raj Lkw. & Ors. Petitioner Counsel :- S.S.P. Gupta Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of
respondents. He may file counter affidavit in this case by the next date
fixed.
It has been contended on behalf of the petitioner that in the present
case at no point of time any preliminary enquiry was conducted and on
the basis of the report submitted by the District Basic Education Officer
orders have been passed seizing financial as well as administrative
powers of the petitioner. Petitioner further submits that the action taken
against him is in contravention of the principles of natural justice.
Issue which has been sought to be raised has already been referred to
Larger Bench in Civil Misc. Writ Petition No. 60951 of 2009 (Madho Lal
(Pradhan) Vs. State of U.P. and others) and Civil Misc. Writ Petition
No. 49305 of 2009 (Het Kishan Vs. State of U.P. and others).
Aforesaid orders have been affirmed by Division Bench comprising
Hon’ble Acting Chief Justice & Hon’ble A.P.Sahi in Special Appeal No.
528 of 2010 (Smt. Sabir Vs. State of U.P. and others) decided on
28.04.2010.
Consequently, connect this writ petition alongwith the record of
aforesaid writ petitions.
Interim order which has been passed therein on the same term and
condition, shall be extended to the petitioner also.
Order Date :- 14.7.2010
SRY