Court No. - 39 Case :- WRIT - C No. - 690 of 2010 Petitioner :- C/M Sri Chandra Jeet Purva Madhyamik Vidyalaya Respondent :- State Of U.P. And Others Petitioner Counsel :- Sanjiv Singh,Namwar Singh Respondent Counsel :- C.S.C.,Mahendra Upadhyay,R.K. Singh Hon'ble Dilip Gupta,J.
The Committee of Management of Sri Chandra Jeet Purva
Madhyamik Vidyalaya, Jagmalpur, Samaspur, district Jaunpur
(hereinafter referred to as the ‘Institution’) has filed this petition for
setting aside the order dated 22nd December, 2009 passed by the
District Basic Shiksha Adhikari, Jaunpur for single operation of
the accounts of the Institution.
The impugned order mentions that the appointment of Bharat
Bhushan Singh, who is said to have forwarded the salary bills, is
illegal and name of Hari Nath, Peon had not been included in the
salary bill.
It is the contention of Sri Sanjiv Singh, learned counsel appearing
for the petitioner that since the Principal of the Institution had
refused to sign the salary bills, the Committee of Management was
left with no option but to get the salary bills singed by Bharat
Bhushan Singh. According to him, the appointment of Hari Nath is
in dispute and, therefore, his name was not included in the salary
bills. He, therefore, submits that there was no occasion for the
District Basic Shiksha Adhikari to pass an order of single
operation of the account.
Learned Standing Counsel appears for respondent Nos. 1, 2 and 3
while Sri Amit Saxena, appears for respondent No. 4.
Learned counsel for the respondents submitted that there is no
infirmity in the impugned order. It is also stated by Sri Amit
Saxena, that the Principal of the Institution had not refused to sign
the salary bills and in fact it is the Committee of Management
which is not placing the salary bills before the Principal of the
Institution and if the bills are now placed before the Principal, he
shall sign the same.
A supplementary affidavit has been filed by Sri Sanjiv Singh in
which it is stated that the Committee of Management has sent the
salary bills of Hari Nath on 8th January, 2010 which was received
in the office of the District Basic Shiksha Adhikari on 8th January,
2010. He further states that the salary bill that was signed by Sri
Bharat Bhushan Singh and submitted to the District Basic Shiksha
Adhikari were for the months of March, April and May, 2009 and
the future salary bills shall be placed before the Principal of the
Institution for his signatures.
In view of the aforesaid submissions advanced by learned counsel
for the parties, the petition is disposed of with a direction that the
salary bills that have already been submitted in the office of the
District Basic Shiksha Adhikari, Jaunpur shall be passed through
single operation of the account and as the petitioner-Committee of
Management has stated that it will get the salary bills signed by the
Principal of the Institution and shall include the salary bill of Hari
Nath, the order of single operation of the account shall not operate
for the subsequent salary bills.
The order dated 22nd December, 2009 passed by the District Basic
Shiksha Adhikari is modified, accordingly.
Order Date :- 12.1.2010
NSC