Heard Mr. Surya Narayan Mishra learned counsel for the petitioner and Mr. Vishal Verma learned counsel for the opposite party no. 3.
An order has been passed by the Basic Shiksha Adhikari, Gonda dated 31.8.2009 contained as Annexure no. 1 to the writ petition. The same has been challenged by the petitioner. Through this order the case of the petitioner has been rejected.
The petitioner argues that he was never given an opportunity of hearing before passing the order impugned dated 31.8.2009 as well as the recommendation of the committee.
If an officer or an executive authority is directed by the court to look into the matter and pass appropriate order, it is expected and it is inbuilt in the order of the court that the enquiry or the order passed by the executive officer has to be passed in accordance with law and in compliance of the principles of natural justice. One of principles of natural justice is that none will be condemned without giving an opportunity of hearing. In this case this principle of natural justice has been overlooked and this court finds that the order impugned can not stand.
Hence, the court quashes the order impugned dated 31.8.2009, Annexure no. 1 to the writ petition, passed by the Basic Shiksha Adhikari, Gonda opposite party no. 3 and directs him to pass fresh order after hearing the petitioner as -2- well as the parties concerned within a period of one month from the date a certified copy of this order is placed before him.
With the above observation the writ petition is finally disposed of.
Order Date :- 29.1.2010 Om.