Allahabad High Court
Smt. Archana Devi And Others vs State Of U.P. And Others on 24 April, 2012
Bench: Devi Prasad Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 28
Case :- WRIT - A No. - 56647 of 2007
Petitioner :- Smt. Archana Devi And Others
Respondent :- State Of U.P. And Others
Petitioner Counsel :- Ganga Prasad,Vimal Kumar Yadav
Respondent Counsel :- C.S.C.,K.K.Tripathi,V.K.Tripathi
Hon'ble Devi Prasad Singh,J.
Heard learned counsel for the petitioners and the learned counsel for the respondents. With the consent of the parties' counsel, the writ petition is being disposed of at admission stage.
Question involved in the writ petition is as to whether the approval granted by the Basic Shiksha Adhikari, Balia on 30.3.1990 is forged?
The petitioners were appointed as Assistant Teacher between 1982 to 1988. They are discharging duties right from the date of initial appointment. By the letter dated 30.8.2007, Basic Shiksha Adhikari, Balia informed the Basic Shiksha Adhikari, Mau (Annexure No. 17) that the record with regard to approval granted to the petitioners' appointment on 30.3.1990 is not available and inference has been drawn by the Finance and Account Officer, Mau that the approval granted to the petitioner's appointment is forged and hence stopped the salary and F.I.R. has also been lodged.
From the perusal of impugned order, it reveals that no opportunity was given nor show cause notice was served. Since the contention of petitioners' counsel is that they are discharging their obligation since 1982 and onwards and there is every possibility to misplace the record, opportunity of hearing should have been given by the Basic Shiksha Adhikari, Mau before passing the impugned order. It is admitted at bar that the district has been carved out from district-Ballia.
Keeping in view the fact that the petitioners have been discharging duties since 1982 and the genuineness of record is disputed question of fact, it shall be appropriate to provide opportunity of hearing to the petitioner as well as committee of management and thereafter record a finding regarding genuineness of record.
Liberty is given to the petitioners to represent their cause before the Basic Shiksha Adhikari, Mau within one month from today. The Basic Shiksha Adhikari Ballia and Basic Shiksha Adhikari, Mau shall form a committee and decide the representation submitted by the petitioners after affording opportunity of hearing to the petitioners as well as committee of management, expeditiously say, within a period of two months from the date of filing of representation alongwith present order. The Director, Basic Education, U.P. shall ensure that a committee is constituted consisting of Basic Shiksha Adhikari, Ballia and Basic Shiksha Adhikari, Mau for the purpose to adjudicate the controversy in terms of present order. For the period of three months or till disposal of representation, whichever is earlier, impugned order dated 11.10.2007 (Annexure No. 18) shall remain suspended and the petitioners shall be permitted to discharge duties with due salary.
Subject to aforesaid direction, the writ petition stands disposed of.
Order Date :- 24.4.2012
Rizvi
