Allahabad High Court
Santosh Kumar vs State Of U.P Thru Secy Madhyamik ... on 18 April, 2019
Bench: Rajesh Singh Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 23
Case :- SERVICE SINGLE No. - 32840 of 2018
Petitioner :- Santosh Kumar
Respondent :- State Of U.P Thru Secy Madhyamik Siksha & Ors
Counsel for Petitioner :- Dinesh Kumar Mishra
Counsel for Respondent :- C.S.C
Hon'ble Rajesh Singh Chauhan,J.
Heard learned counsel for the parties.
This Court has passed the order dated 26.03.2019 as under:-
"Heard learned counsel for the parties.
Learned Standing Counsel prays for and is granted two weeks' further time to file the counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter.
As per office report dated 25.03.2019, notices upon opposite party Nos.4 and 5 have been deemed to be sufficient under the Rules of the Court, therefore, the opposite party Nos.4 and 5 shall also file the counter affidavit within the aforesaid period of two weeks and rejoinder affidavit to the counter affidavit, if any, of opposite party Nos.4 and 5 may be filed within one week.
List this petition on 18.04.2019 as fresh.
If the counter affidavit on behalf of opposite parties is not filed, more particularly, on behalf of opposite party Nos.4 and 5, the opposite party No.4 shall appear in person along with record to assist the Court."
Learned Standing Counsel has filed counter affidavit on behalf of opposite party No.3 i.e. the District Inspector of Schools, Gonda, the same is taken on record.
Learned counsel for the petitioner may file rejoinder affidavit to the said counter affidavit within two weeks.
Sri Ganesh Nath Mishra, Advocate has filed short counter affidavit on behalf of opposite party No.4. However, the said affidavit has been sworn by one Clerk of the Institution in question, who is not competent to file the said short counter affidavit on behalf of the Administrator/ Authorized Controller of the Institution in question, therefore, this short counter affidavit may not be treated as short counter affidavit of the opposite party No.4.
The opposite party No.4 shall explain the reasons in writing by filing personal affidavit as to why the short counter affidavit has been sworn by a clerk of the Institution.
In terms of order dated 26.03.2019, the opposite party Nos.4 and 5 were required to file the counter affidavit and if no counter affidavit is filed on their behalf, the opposite party No.4 will have to appear in person before the Court.
Since the short counter affidavit of opposite party No.4 is an eye wash and the same has not been treated as short counter affidavit so he was to appear in person but the opposite party No.4 is not present in the Court, therefore, this is a disobedience of the order of this Court dated 26.03.2019.
List this petition on 01.05.2019 at 2:15 p.m.
Since the opposite party No.4 is not present in the Court today in compliance of order dated 26.03.2019, therefore, the Chief Judicial Magistrate, Gonda is directed to make sure the presence of the opposite party No.4 before the Court on the next date.
It has been informed at the bar that the opposite party No.4 is Authorized Controller of the Institution and the Additional District Magistrate, Gonda is functioning on the post of Administrator/ Authorized Controller, therefore, his presence would be required on the next date.
Order Date :- 18.4.2019
Suresh/
[Rajesh Singh Chauhan,J.]
