Allahabad High Court
Manoj Kumar Mishra vs State Of U.P. & Others on 6 September, 2014
Bench: Pradeep Kumar Baghel
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 1
Case :- WRIT - A No. - 39479 of 2012
Petitioner :- Manoj Kumar Mishra
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Umakant,Rishu Mishra
Counsel for Respondent :- C.S.C.,Chandan Sharma
Hon'ble Pradeep Kumar Singh Baghel,J.
The petitioner claims to be appointed as Assistant Teacher in Maharshi Durwasa Sanskrit Uttar Madhyamik Vidyalaya Kakra Dubawal,Allahabad.
He preferred this this writ petition for a direction upon the respondents for payment of his salary.
It is contended by the counsel the petitioner that the Director of Board, Madhyamik, Uttrar Pradesh vide order dated 28.3.2012 had issued direction for payment of salary to the petitioner as Assistant Teacher. In the same order, the Director by this order has also been cancelled the the appointed Sri Pushpendra Mani Shukla which was made by the Principal.
Counter affidavit was filed by the State functionaries in which stand was taken that the Director has cancelled the order dated 28.3.2012. A copy of the order is on record as CA-2.
The petitioner has amended the writ petition and challenge the said order on the ground that no opportunity or notice was given to him before cancelling the order and the order does not contain any reason.
I have heard counsel for the petitioner Sri Rishu Mishra and the learned standing counsel and counsel for the committee of management and perused the record.
The counsel for the petitioner submits that the petitioner was appointed on 9.7.1993 and since then he is working in the institution. The Director has accorded approval to his appointment and has also issued direction for payment of his salary, but without giving opportunity to the petitioner by a cryptic non speaking order has cancelled the said order on the same date.
Learned standing counsel tried to justify the order passed by the Director.
Counsel for the petitioner submits that the management have sent the salary bill of the petitioner but the Director has cancelled his approval order. The Director by order dated 28.3.2012 has accorded approval to the petitioner's appointment as also issued direction for payment of his salary. In the same order, direction was passed that the appointment of Sri Pushpendra Mani Shukla was illegal and has canncelled his appointment. Subsqeuently on the same date i.e. 28.3.2012, the Director has cancelled his order without disclosing any reason.
The submission made by the counsel for the petitioner in paragraph no. 4 of the supplementary affidavit that subsequent order has been passed without any opportunity and that has not been disputed by the State functionaries.
It is evident form the perusal of the order that no any reason has been given by the Director cancelling his earlier order.
Thus the order has been passed in total disregard to the principle of natural justice. It is trite clause in the interest of justice and without prejudice to the petitioner he should be given opportunity before taking any adverse decision against the petitioner.
For this reason alone the subsequent order passed by the Director is unsustainable and the subsequent order dated 28.3.2012 is hereby quashed. Taking into consideration of the entire facts of the case the matter is remitted to the Director to pass fresh order after giving opportunity to the petitioner and concerned parties expeditiously, preferably, within a period of three months from the date of communication of this order before him.
With the aforesaid observations, the writ petition is disposed of.
Order Date :- 6.9.2014
SKS
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Civil Misc. Amendment Application No. 47887 of 2013
In
Case :- WRIT - A No. - 39479 of 2012
Petitioner :- Manoj Kumar Mishra
Respondent :- State Of U.P. & Others
Counsel for Petitioner :- Umakant,Rishu Mishra
Counsel for Respondent :- C.S.C.,Chandan Sharma
Hon'ble Pradeep Kumar Singh Baghel,J.
The amendment application is allowed in terms of the prayer made therein.
Order Date :- 6.9.2014
SKS
