Court No. - 41
Case :- WRIT - C No. - 19224 of 2019 Petitioner :- C/M Chistiya Junior High School And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Suresh Chandra Dwivedi Counsel for Respondent :- C.S.C.,Manu Singh
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners, learned Standing Counsel for respondent nos. 1 to 3 and Sri Manu Singh, learned counsel for respondent nos. 4 and 5.
Learned counsel for the petitioners submits that impugned orders dated 14.5.2019 and 20.5.2019 have been passed by District Basic Education Officer, Sant Kabir Nagar- respondent no. 4 on incorrect fact. He further submits that vide letter dated 22.11.2018, Additional Director, 7th Region (Basic), Gorakhpur/ Basti- respondent no. 2 has directed the petitioner to stop the bank account operated by Sri Farooq Ahmad whose appointment on the post of Head Master was rejected and further a direction was issued to give charge of Head Master to senior most teacher. In compliance of that order, vide proposal dated 27.03.2019, it was decided to send signature of Sri Surya Prakash Pandey as acting Head Master for attestation and accordingly, vide letter dated 1.4.2019, the same was sent before respondent no. 4. In the said letter, it was mentioned that Sri Farooq Ahmad had already retired on 31.3.2019. Instead of granting approval, certain queries were raised vide letter dated 11.04.2019 about Farooq Ahmad as well as other activities of the institution, but nothing adverse was mentioned about the appointment of Sri Surya Prakash Pandey as Officiating Principal. Again, on 25.04.2019, Basic Shiksha Adhikari has issued a direction to the petitioner to send signature of Acting Principal for attestation along with countersign of Block Education Officer, which letter was never received by the petitioner.
Lastly, he submits that petitioner has sent a representation dated 26.4.2019 before respondent no. 4 requesting him to attest the signature of Sri Surya Prakash Pandey, but instead of approving the same, impugned order dated 14.5.2019 has been passed without providing opportunity of hearing.
Sri Manu Singh, learned counsel for respondent nos. 4 and 5 could not explain any reason for non approving the signature of Sri Surya Prakash Pandey, Acting Principal except this fact that appointment of Sri Farooq Ahmad was illegal and in letter dated 1.4.2019, it is mentioned that he has retired from the service.
I have considered the rival submissions made by the parties as well as impugned orders dated 14.5.2019 and 20.5.2019 passed by District Basic Education Officer, Sant Kabir Nagar- respondent no. 4.
It is not in dispute that the name of Sri Surya Prakash Pandey was sent for approval and that was not given only for the reason that letter was having the reference of Sri Farooq Ahmad, which is according to respondent no. 4 is factually incorrect. There is no finding against Sri Surya Prakash Pandey, proposed officiating principal, therefore, this cannot be a ground for not granting approval to Officiating Principal proposed by manager and thereafter on the very same ground, order of single operation has been passed.
Under such facts and circumstances of the case, petitioner is permitted to send the proposal of approval of Sri Surya Prakash Pandey as Officiating Principal before respondent no. 4 within one week and if any such proposal of approval is submitted before respondent no. 4, he shall consider the same and pass order in accordance with law within three weeks from the date of production of proposal of approval along with certified copy of the order. In case approval is not granted, respondent no.4 shall pass reasoned order within the same time.
The order dated 14.5.2019 shall abide by the decision taken by respondent no. 4. Needless to say that in case, approval is granted, impuged order dated 14.5.2019 would loss its effect.
With the aforesaid observation, this petition is disposed of. Order Date :- 31.5.2019 Arvind