Court No. - 41
Case :- WRIT - C No. - 18783 of 2019 Petitioner :- C/M Sri Mathura Prasad Adarsh Inter College And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Rajendra Pratap Singh,Shri Rakesh Pandey (Senior Advocate) Counsel for Respondent :- C.S.C.
Hon'ble Neeraj Tiwari,J.
Heard Sri Rakesh Pandey, learned Senior Advocate assisted by Sri Rajendra Pratap Singh, learned counsel for the petitioners and learned Standing Counsel for the respondents.
Learned Senior Counsel for the petitioners assailed the order dated 30.1.2019 passed by Regional Level Committee-respondent no.3 by which Authorized Controller has been appointed on the ground that reply submitted by the petitioner has not been considered. He further submitted that show cause notice dated 2.1.2019 has been issued to petitioner for appointing Authorized Controller under the provisions of (Payment of Salaries of Teachers and Other Employees) Act, 1971, which was duly replied by the petitioner vide letter dated 14.1.2019. He further submitted that without considering the reply of the petitioner and without returning any finding on the reply submitted by the petitioner, impugned order has been passed appointing the Authorized Controller. Lastly, he submitted that order is bad and liable to be set aside.
Learned Standing Counsel could not dispute this fact and fairly admitted that order has been passed without considering the reply submitted by the petitioner and submitted that matter may be remanded back to Regional Level Committee- respondent no.3 for passing a fresh order.
Therefore, under such facts and circumstances of the case, with the consent of the parties, the order dated 31.01.2019 passed by Regional Level Committee, Kanpur Division, Kanpur is hereby quashed and Regional Level Committee- respondent no.3 is directed to consider the reply of the petitioner and pass reasoned order maximum within a period of one month from today.
Accordingly, the writ petition is allowed. No order as to costs.
Learned Standing Counsel is directed to inform about the order passed today to Regional Level Committee, Kanpur Division, Kanpur.
Order Date :- 30.5.2019 Junaid