Court No. - 22 Case :- SERVICE SINGLE No. - 6057 of 2009 Petitioner :- Ram Sanehi Verma S/O Late Ram Jeyawan Respondent :- State Of U.P.Through Prin.Secy.Basic Education Lko. & Others Petitioner Counsel :- Alok Kumar,P.K.Srivastava Respondent Counsel :- C.S.C.,D R Misra,S.Malik E Ashter Rizvi,Virendra Kumar Shukla Hon'ble Satyendra Singh Chauhan,J.
Heard learned counsel for the petitioner and the learned counsel for the BSA.
The present writ petition has been filed challenging the order dated 1.7.2009.
Submission of learned counsel for the petitioner is that before passing the
impugned order dated 1.7.2009 no opportunity was given to the petitioner.
The petitioner has retired on 30.6.2009 and abruptly the impugned order was
passed on 1.7.2009. He further submits that the building material is lying on
the spot and necessary vouchers are also there on record, but all those things
have been ignored by the opposite parties. It is submitted that if any
opportunity would have been given to the petitioner, he could have explained
the deficit and no liability could have been fastened upon him.
Counsel for the opposite parties could not point out from the record that as to
in what manner opportunity was given to the petitioner before passing the
impugned order.
In these circumstances, the impugned order, on the face of it, is illegal on
account of violation of principles of natural justice as the petitioner has not
been given any opportunity to put forward his case. Therefore, the impugned
order cannot be sustained in law and is liable to be quashed.
Writ petition is accordingly allowed and a writ in the nature of certiorari is
issued quashing the order dated 1.7.2009. The matter is remitted to the Basic
Shiksha Adhikari to proceed afresh in accordance with law after giving
opportunity of hearing to the petitioner and take a decision within a period of
three months from the date a certified copy of this order is produced before
him.
Order Date :- 29.7.2010
Rao/-