1.Learned counsel appearing for the petitioner states that order dated 6.2.2014, whereby Authorized Controller has been appointed, is against law and facts. A direction was issued to the petitioner vide communication dated 30.1.2014, dispatched on 31.1.2014 to give appointment to certain person on compassionate grounds. Directions were conveyed to the petitioner on 6.2.2014. The impugned order was passed on 6.2.2014, without giving any time to the petitioner to comply with the directions.
2.It has been impressed on the court that a duly appointed Committee of Management/Manager should not be divested of his powers on mere technicalities. Reasonable time was required to be given to the petitioner to comply with directions of official respondent. In the case in hand, no time was given to the petitioner.
3.Let the Joint Director of Education file counter affidavit within three weeks, explaining as to under what circumstances the impugned order has been passed, without giving reasonable opportunity to the petitioner to comply with directions. Rejoinder affidavit, if any, be filed within two weeks thereof.
4.List on 26.3.2013.
5.Operation of order, Annexure-1, shall remain stayed till the next date of listing.
Order Date :- 20.2.2014 A.Nigam