Ramesh Kumar Singh vs State Of U P And 3 Others
2019 Latest Caselaw 468 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 3487 of 2019
 

 
Petitioner :- Ramesh Kumar Singh
 
Respondent :- State Of U P And 3 Others
 
Counsel for Petitioner :- Abhishek Rai
 
Counsel for Respondent :- C.S.C.,Mohd Shere Ali
 

 
Hon'ble Prakash Padia,J.

Sri Abhishek Rai, learned counsel for the petitioner contended that vide show cause notice dated 20.2.2019 petitioner was directed to deposit a sum of Rs.2,44,400/- with a threatening that if the petitioner will not deposit the aforesaid amount the respondents will lodge an FIR against the petitioner. Before the aforesaid show cause notice vide order dated 14.2.2019 petitioner was suspended.

The Court is of the prima facie opinion that in so far as the order of suspension is concerned, the same does not call for any interference at this stage. The respondents are free to take any action as they required in accordance with law. In so far as the order dated 20.2.2019 by which the petitioner was directed to deposit Rs.2,44,400/- is concerned, the same was passed in complete violation of principles of natural justice. It is settled law that any order for civil consequences should be passed after providing opportunity of hearing.

In this background of the matter and on the request made by Mohd. Shere Ali, learned counsel, representing District Basic Education Officer, Maharajganj, 48 hours time is granted to seek instructions in the matter.

Put up on 07.3.2019 as fresh.

Order Date :- 5.3.2019

Pramod Tripathi