Court No. - 34
Case :- WRIT - A No. - 12923 of 2013 Petitioner :- Ishwar Tiwari Respondent :- State of U.P. and others Counsel for Petitioner :- Radha Kant Ojha Counsel for Respondent :- C.S.C.,V.B.Mishra
Hon'ble Sudhir Agarwal,J. Hon'ble Ifaqat Ali Khan,J.
1. Sri Radha Kant Ojha, learned Senior Advocate, assisted by Sri Shivendu Ojha, Advocate, for petitioner; and learned Standing Counsel and Sri V.B. Mishra, Advocate, for respondents.
2. Writ petition is directed against the order dated 17.01.2013 passed by District Inspector of Schools, Deoria (hereinafter referred to as “DIOS, Deoria”) whereby pending enquiry with respect to appointment of teachers in Mahamana Sanskrit Mahavidyalaya, Bhatpar Rani, Deoria, DIOS, Deoria has directed to stop payment of salary till inquiry is completed. This order was stayed by this Court vide order dated 07.03.2013. No counter affidavit has been filed by respondents till date.
3. We find that DIOS, Deoria on the one hand has not filed counter affidavit and on the other hand he has also not passed any final order in the matter. Therefore, we find it appropriate that he should be directed to take a final decision in the matter.
4. We, therefore, dispose of this writ petition directing DIOS, Deoria to take a final decision in the matter pursuant to its letter dated 17.01.2013 within three months from the date of production of a certified copy of this order and communicate the same to all concerned parties. It goes without saying that DIOS, Deoria shall pass final order in the matter, as directed above, after giving opportunity of hearing to all concerned parties and by a speaking order.
5. Till DIOS, Deoria takes a final decision in the matter, as directed above, interim order dated 07.03.2013 shall continue.
Order Date :- 28.5.2018 PS