Court No. - 54
Case :- WRIT - C No. - 40085 of 2019 Petitioner :- C/M The Allahabad Indian Girls Educational Society Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Vibhu Rai,Abhinav Gaur,Anoop Trivedi (Senior Adv.) Counsel for Respondent :- C.S.C.,Prabhakar Awasthi
Hon'ble Rajiv Joshi,J.
Heard Sri Anoop Trivedi, learned Senior Advocate assisted by Sri Vibhu Rai, learned counsel for the petitioner, learned Standing counsel and Sri Prabhakar Awasthi, learned counsel, who filed caveat on behalf of one of the teacher, whose salary has not been disbursed by the committee.
This writ petition has been filed for quashing the order dated 14.10.2019 passed by the respondent no.3-District Inspector of Schools (Second), Prayagraj as well as two orders dated 11.10.2019 passed by the respondent no.2-Joint Director of Education, Prayagraj Region, Prayagraj.
Learned counsel for the petitioner submits that the impugned order dated 14.10.2019 has been passed for single operation under Section 5 (1) of The U.P. High Schools and Intermediate Colleges (Payment of Salaries of Teachers and Other Employees) Act, 1971 (hereinafter referred to as the Act). Learned counsel for the petitioner further submits that no show cause notice was issued prior to passing of the impugned order and the impugned order is contrary to principles of natural justice, even the impugned order does not indicates that any show cause notice was issued to the petitioner asking his explanation in the proposed ground for passing the order by single operation.
On the other hand, Sri Prabhakar Awasthi, learned counsel for the caveator submits that the District Inspector of Schools has the power to revoke its own order under the second proviso of Section 5 (1) of the Act.
I have considered the rival submission and perused the record.
Since, the petitioner have an alternative remedy to approach District Inspector of Schools, Prayagraj for revocation of the order on the ground as raised by the petitioner in this writ petition. In case, the petitioner applies for revocation of the said order, the same shall be considered and decided in accordance with law, as expeditiously, as possible preferably within a period of three weeks from the date of production of certified copy of this order.
With the aforesaid observation/direction, the writ petition stands disposed of.
Order Date :- 19.12.2019 Noman