Court No. - 6 Case :- SERVICE SINGLE No. - 3246 of 2009 Petitioner :- Sanjeev Kumar Respondent :- Chairman /D M Distt Education Committee Distt Kheri Petitioner Counsel :- Raj Kumar Misra,Alok Kr. Mishra Respondent Counsel :- R K Kushwaha,O.P.Mishra Hon'ble Shabihul Hasnain,J.
Heard Sri Alok Misra, learned counsel for the petitioner and Sri
R.K.Kushwaha for the opposite party No.2.
The sole grievance of the petitioner in this writ petition is that the
representation which has been decided by the Basic Shiksha
Adhikari, Lakhimpur has not been done in accordance with the
directions of this Court. The petitioner says that the inquiry has
been done behind his back and no opportunity of personal hearing
was ever afforded to the petitioner to place his case before the
authorities.
Reliance has been placed on the judgment of this Court reported in
(2009) 1 UPLBEC 925 (Sadhna Devi Vs. State of U.P. and
others). In para 15 of the said judgment it has been stated that
opportunity of personal hearing is a must and any inquiry or any
order passed in violation of this principle is bad.
Accordingly, without entering into the merits of the case, this
Court quashes the order dated 17.3.2009, as contained in
Annexure-1 to this writ petition, and directs the District Basic
Shiksha Adhikari, Kheri to pass fresh orders in accordance with
law after giving opportunity to all the parties concerned in this
regard. It is made clear that any opinion on the merits of the case
has not been expressed by this Court and if anybody is working, he
shall not be disturbed till the final decision is taken by the Basic
Shiksha Adhikari.
With these directions and observations the petition stands disposed
of .
Order Date :- 10.8.2010
RKM.