Court No. - 33
Case :- WRIT - C No. - 11417 of 2018 Petitioner :- C/M Jain Kanya Pathsala Inter College Muzaffar Nagar And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Amit Krishna Counsel for Respondent :- C.S.C.
Hon'ble Manoj Misra,J.
Heard Sri P. N. Saxena, learned senior counsel, assisted by Sri Amit Krishna, for the petitioners; the learned Standing Counsel for the respondents 1 to 6; and perused the record.
Considering the ground on which this order is being passed, the learned Standing Counsel does not pray for time to file counter-affidavit and, therefore, with the consent of learned counsel for the parties, this petition is being disposed of finally.
The case of the petitioners is that one Smt. Kamlesh Jain, an Assistant Teacher in the institution named Jain Kanya Pathsala Inter College, Prempuri, Muzaffar Nagar, was to retire on 31st March, 2018. Her papers in respect of retiral dues were forwarded. However, in respect of her GPF account, some error crept in while disclosing the closing balance. Accordingly, by letter dated 17th March, 2018, the District Inspector of Schools, Muzaffar Nagar requested the Manager/Principal of the institution to look into the matter and correct the errors. This letter dated 17th March, 2018 is stated to have been received by the petitioners on 19.03.2018 at 3 P.M.
It is the case of the petitioners that on 21.03.2018, the corrected papers were submitted in the office of the District Inspector of Schools, Muzaffar Nagar. In proof thereof a document has been appended as Annexure 3 to the petition, at page 30 thereof.
The grievance of the petitioners is that without giving any show cause notice and without giving sufficient opportunity to the petitioners to respond to the letter dated 17th March, 2018, which was allegedly served in the evening on 19.03.2018, on the next day itself i.e. on 20.03.2018, the District Inspector of Schools, Muzaffar Nagar passed an order directing seizure of all accounts of the institution as also single operation of account of the institution.
The submission of the learned counsel for the petitioners is that the order dated 20.03.2018 is in violation of principles of nature justice and has been passed arbitrarily inasmuch as sufficient time was not provided to the petitioners to respond to the letter dated 17th March, 2018 and, otherwise also, there was no power with the District Inspector of Schools, Muzaffar Nagar to direct seizure of all accounts of the institution.
The learned Standing Counsel has submitted that the petition may be disposed of by giving liberty to the District Inspector of Schools, Muzaffar Nagar to pass a fresh after giving opportunity of hearing to the petitioners, if required.
Having considered the rival submissions and upon perusal of record, this Court is of the view that sufficient time has not been provided to the petitioners to respond to the letter/notice dated 17th March, 2018. Otherwise also, the notice/letter dated 17th March, 2018 did not fix any time limit by which the petitioners was required to remove the defects therefore before taking any harsh action some warning letter could have been issued. Moreover, as per the case of the petitioners, the letter/notice dated 17th March, 2018 was served on 19.03.2018 whereas the decision directing seizure of all accounts of the institution as well as single operation of account of the institution was passed on 20.03.2018 which is much too hasty and cannot be sustained.
Accordingly, the order dated 20.03.2018 is set aside. The District Inspector of Schools, Muzaffar Nagar shall accord consideration to the explanation submitted by the petitioners and shall also consider whether on 21.03.2018 the petitioners have already supplied the corrected account of Smt. Kamlesh Jain as is the case of the petitioners. If, thereafter, the District Inspector of Schools, Muzaffar Nagar is of the opinion that the petitioners have not complied with the direction issued or has wilfully disobeyed the directions, it shall be open to the District Inspector of Schools to pass a fresh order, in accordance with law, after recording reasons.
The petition is allowed to the extent indicated above.
Order Date :- 28.3.2018 Sunil Kr Tiwari