Allahabad High Court
C/M Janta Inter College And ... vs State Of U.P. And 3 Others on 12 December, 2022
Bench: Manoj Misra, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- SPECIAL APPEAL No. - 780 of 2022
Appellant :- C/M Janta Inter College And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Appellant :- Nipun Singh,Pragyanshu Pandey,Sr. Advocate
Counsel for Respondent :- C.S.C.,Kulveer Singh,Manoj Kumar Mishra
Hon'ble Manoj Misra,J.
Hon'ble Vikas Budhwar,J.
Heard learned counsel for the appellants; learned Standing Counsel for the respondents 1, 2 and 3; and Sri B.R. Tiwari, holding brief of Sri Manoj Kumar Mishra, for the respondent no.4.
This intra court appeal is against the judgment and order of the learned Single Judge dated 14.11.2022 dismissing Writ-C No.33898 of 2022 filed by the appellants against the order directing single operation of the account dated 07.10.2022.
The learned Single Judge dismissed the writ petition by observing that the order of District Inspector of Schools, Muzaffarnagar directing single operation of account was on account of failure on the part of the institution to pay the service dues of an Assistant Teacher employed in the institution, namely, respondent no.4.
The contention of the learned counsel for the appellants is that the learned Single Judge has failed to consider that in the writ petition in paragraph 34 thereof, a specific averment was made that no show cause notice was served that an order of single operation is proposed to be passed against the petitioner. Further, the explanation offered by the appellants for non payment of alleged dues and various grounds taken in the writ petition to challenge the order of single operation of account have not been considered.
The learned counsel for the respondent no.4 as well as the learned Standing Counsel submitted that the respondent no.4 made a complaint on which comments were sought from the Principal as well as the management and order was passed thereafter.
Having perused the record, we notice that the order directing single operation of account is a one sided order which does not accord consideration to the stand taken by the management. Moreover, there is nothing on record to show that a show cause notice proposing single operation of account was given to the writ petitioners i.e. the appellants herein. Even the order directing single operation of account does not even recite that a show cause notice was served upon the management and the management failed to show cause. Further, in paragraph 44 of the affidavit filed in support of the stay application it is stated that on 15.11.2022, the Principal of the institution has submitted salary bill of the fourth respondent with all increments. In these circumstances, we are of the view that the order directing single operation of account cannot be sustained. The special appeal is allowed. The order dated 14.11.2022 passed by the learned Single Judge in Writ-C No.33898 of 2022 is set aside. The order dated 07.10.2022 passed by the District Inspector of Schools, Muzaffarnagar is hereby quashed, without prejudice to the right of the District Inspector of Schools to pass a fresh order, if required, after giving opportunity of hearing to the appellants and consideration of their response, if submitted.
Order Date :- 12.12.2022
AKShukla/-
