Court No. - 18
Case :- WRIT - C No. - 23433 of 2021 Petitioner :- C/M Sanatan Dharma Inter College Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shri Krishna Mishra,Sunil Kumar Upadhyay Counsel for Respondent :- C.S.C.,Abhitosh Mishra,Gaurav Srivastava
Hon'ble Ajay Bhanot,J.
Heard Sri Shri Krishna Mishra, learned counsel of the petitioner, learned Standing Counsel for the respondents No.1 to 3-State and Sri Gaurav Srivastava, learned counsel for the respondent No.4.
By the impugned order dated 31.08.2021, the District Inspector of Schools, Rampur has initiated an enquiry into an illegal alienation of property belonging to the institution of the petitioner. By the impugned order dated 31.08.2021, the institution-petitioner was called upon to show cause on the alleged alienation of the property of the institution to the detriment of the institution.
The committee of management of the institution has a fiduciary duty to the institution. It is the sole custodian of such properties which are to be held for the benefit of the institution alone. The alienation of such property if found to be detrimental to the institution, can always be investigated by the competent authority. The petitioner-institution has submitted a reply to the show cause notice dated 31.08.2021.
The petitioner-institution undertakes to cooperate in the enquiry proceedings before the enquiry officer.
That being the case, the District Inspector of Schools, Rampur, shall enquire into the matter as per law.
The writ petition is disposed of.
Order Date :- 27.9.2021 Ashish Tripathi