Court No. - 19
Case :- WRIT - C No. - 9763 of 2018 Petitioner :- Bhupendra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Prahlad Singh Counsel for Respondent :- C.S.C.,Pankaj Kumar Singh,Sudhanshu Pratap Singh
Hon'ble Manoj Kumar Gupta,J.
This petition has been placed before this Court on basis of the nomination made by Hon'ble the Chief Justice on 19.4.2018 by passing order on the order sheet of connected case (Writ-A No.8069 of 2018).
Heard counsel for the parties.
The petitioner has filed the instant writ petition alleging that he is headmaster of Sonkali Saraswati Junior High School, Mehra, Kanpur Dehat. According to the petitioner, the fifth respondent, Manager of the institution had committed grave irregularities in mid day meal scheme and, therefore, the petitioner has prayed for a writ of mandamus commanding respondents no.1 to 4 to appoint an administrator in the institution and to initiate enquiry into the irregularities committed by respondent no.5.
Sri Pankaj Kumar Singh, learned counsel appearing on behalf of District Basic Education Officer, on instructions, states that the District Basic Education Officer has already issued notice to the petitioner as well as respondent no.5 to show cause in respect of the irregularities pointed out by Khand Shiksha Adhikari, Rasoolabad in a report dated 28.11.2017. He further submitted that the District Basic Education Officer would take further action in the matter after considering the reply submitted by the petitioner and respondent no.5. He further states that according to his instructions, an order of suspension has been passed by the Management against the petitioner, but it is yet to be approved by the District Basic Education Officer.
Learned counsel for respondent no.5 does not dispute that the petitioner has been placed under suspension on 13.4.2018. He also states that the fifth respondent has already replied to the show cause notice issued by the District Basic Education Officer in reference to the enquiry conducted by the Khand Shiksha Adhikari.
It is evident from the facts of the case and the submissions made by learned counsel for the parties that on basis of various complaints, an enquiry was got conducted through Khand Shiksha Adhikari and who had already submitted a report. The District Basic Education Officer is already seized of the matter and is yet to pass orders. In such view of the matter, all that needs to be observed is that the fourth respondent may take action in accordance with law, after considering the reply submitted by the parties.
In respect of the prayer made by the petitioner for appointing an authorised controller, it shall be open to the petitioner to make representation for such purpose before the concerned respondents and in which event, the same shall also be disposed of in accordance with law.
The petition stands disposed of accordingly.
(Manoj Kumar Gupta, J) Order Date :- 24.4.2018 SL