Court No. - 23 Case :- SERVICE SINGLE No. - 474 of 2010 Petitioner :- Smt. Anupama Shukla W/O Umesh Chand Shukla Respondent :- State Of U.P. Thru Secy. Basic Education & Ors. Petitioner Counsel :- Surya Narayan Mishra Respondent Counsel :- C.Sc..,Vishal Verma Hon'ble Shabihul Hasnain,J.
Heard Mr. Surya Narayan Mishra learned counsel for the
petitioner and Mr. Vishal Verma learned counsel for the
opposite party no. 3.
An order has been passed by the Basic Shiksha Adhikari,
Gonda dated 31.8.2009 contained as Annexure no. 1 to the
writ petition. The same has been challenged by the
petitioner. Through this order the case of the petitioner has
The petitioner argues that he was never given an opportunity
of hearing before passing the order impugned dated
31.8.2009 as well as the recommendation of the committee.
If an officer or an executive authority is directed by the court
to look into the matter and pass appropriate order, it is
expected and it is inbuilt in the order of the court that the
enquiry or the order passed by the executive officer has to
be passed in accordance with law and in compliance of the
principles of natural justice. One of principles of natural
justice is that none will be condemned without giving an
opportunity of hearing. In this case this principle of natural
justice has been overlooked and this court finds that the
order impugned can not stand.
Hence, the court quashes the order impugned dated
31.8.2009, Annexure no. 1 to the writ petition, passed by the
Basic Shiksha Adhikari, Gonda opposite party no. 3 and
directs him to pass fresh order after hearing the petitioner as
well as the parties concerned within a period of one month
from the date a certified copy of this order is placed before
With the above observation the writ petition is finally
Order Date :- 29.1.2010