Court No. - 58
Case :- WRIT - A No. - 3141 of 2019 Petitioner :- Smt. Arunmati Mishra And 6 Others Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Aditya Kumar Yadav Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
Petitioners were paid House Rent Allowance, pursuant to a policy framed by the State, for the last 8 to 9 years. This amount is proposed to be recovered from them vide order impugned dated 5th January, 2019, which records that the Institution in question, situates at a distance of 28 kilometres from the District Headquarter and, therefore, it is not to be treated as an Institution situated within the municipal area.
The order is assailed on the ground that no opportunity of hearing has been afforded to the petitioners and that the report submitted by the Institution has not been taken note of. In the note, which has been submitted in that regard, reference is made to a letter of City Magistrate, Varanasi, dated 7.7.1999, which records that the Institution in question is situated within eight kilometres from the municipal limits of Nagar Nigam. Submission is that the order impugned is wholly arbitrary.
Learned Standing Counsel submits that the authority competent shall look into the matter and pass an appropriate order after affording an opportunity of hearing to the petitioners.
Perusal of the records would go to show that the proceedings have been initiated against the petitioners on the basis of an audit report. The Institution has submitted a reply to the audit report stating that the House Rent Allowance has correctly been paid to the petitioners in view of the fact that Institution situates within eight kilometres from the municipal limits. The Finance & Accounts Officer has also recommended for cancellation of audit objection. However, neither this aspect is even considered, nor an opportunity of hearing has been given to the petitioners. A direction has been issued to recover Rs. 9,79,920/- from the petitioners. Grievance of the petitioners that opportunity of hearing has been denied to them, stands substantiated on record.
In that view of the matter, the order impugned dated 5th January, 2019 cannot be sustained and is quashed. The petitioners shall appear before the District Inspector of Schools, Varanasi, alongwith a certified copy of this order, on 12th March, 2019. The Inspector shall fix a date and afford an opportunity of hearing to all the petitioners as also to the Principal of the Institution. It shall be open for the Inspector to pass a fresh order. A reasoned order would be passed in that regard within a further period of two months.
Subject to the observation aforesaid, the writ petition is disposed of.
Order Date :- 26.2.2019 n.u.