Court No. - 7
Case :- WRIT - A No. - 15738 of 2018 Petitioner :- Smt. Reshma Bano Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Sheikh Obaidullah,Sri Radha Kant Ojha Sr. Advocate Counsel for Respondent :- C.S.C.
Hon'ble Surya Prakash Kesarwani,J.
Grievance of the petitioner is that the impugned order dated 08.06.2018 has been passed by the respondent No.3 without affording reasonable opportunity of hearing to the petitioner, despite a clear direction of this court in the order dated 03.05.2018 in Writ-A No.11132 of 2018 (Smt. Sabiha Parveen vs. State Of U.P. And 6 Others). The order dated 03.05.2018 is reproduced below:
"Madarsa Islamia Jamiatul Quraish, Jalandhri, Azamgarh, is a madarsa, which is receiving aid from the State. It appears that three posts of teachers are sanctioned and salary in respect thereof is to be disbursed from the State funds. There appears to be a dispute amongst the office bearers of the Committee of Management and from time to time orders of single operation have also been passed. Petitioner states that her name has been placed as the third teacher, and she received salary for some period, but since June, 2015, payment of salary to her has been discontinued. Petitioner in that regard has represented in the matter, but the authorities have not taken any decision so far. A communication of Divisional Commissioner has been brought on record in order to show that Committee of Management has not acted fairly in the matter.
Considering the nature of the order proposed to be passed today, notices need not be issued to respondent nos. 6 and 7, and the writ petition is being disposed of, at this stage itself.
In the facts and circumstances, it would be appropriate to permit the petitioner to approach respondent no.5 in respect of her grievance, noticed above, alongwith certified copy of this order, within two weeks from today. The District Minority Welfare Officer shall afford an opportunity of hearing to respondent nos.6 and 7, and thereafter proceed to determine the question as to who would be the third teacher entitled to payment of salary from State Fund. A reasoned order in that regard would be passed, within a further period of three months, thereafter. All consequential action shall be taken accordingly. "
From perusal of the impugned order, it appears that the petitioner appeared before the respondent No.3 on 24.05.2018 and sought two weeks' time to file objection. From the impugned order it does not appear that either time was granted or any next date was fixed by the respondent No.3.
In view of the facts as briefly noted above, it appears that the impugned order dated 08.06.2018 has been passed without affording any reasonable opportunity of hearing to the petitioner and in breach of principles of natural justice.
Learned standing counsel submits that the respondent No.3 shall pass an order afresh strictly in accordance with law, within a time bound period.
In view of the aforesaid, the impugned order 08.06.2018 is quashed. The petitioner is directed to submit his objection/ claim before the respondent No.3 within a week from today along with a certified copy of this order. On the same day, i.e. date of filing objection, respondent No.3 shall fix a date for hearing and shall intimate it to the petitioner and the respondent Nos.4, 5 and 6. After hearing all the concerned parties, an appropriate order strictly in accordance with law, shall be passed by the respondent No.3 within next three weeks.
The writ petition is disposed of with the directions as aforementioned.
Order Date :- 25.7.2018 NLY