WPMS/980/2021
2021 Latest Caselaw 1705 UK

IN THE HIGH COURT OF UTTARAKHAND
                   AT NAINITAL
         ON THE 20TH DAY OF MAY, 2021
                        BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


    WRIT PETITION (M/S) No. 980 of 2021

BETWEEN:

Satyapal Tyagi.                                 ...Petitioner
     (By Mr. Sandeep Kothari, Advocate)

AND:
State of Uttarakhand and others.            ...Respondents
     (By Mr. T.S. Phartiyal, Additional C.S.C. and Mr. V.P.
     Khanduri, Brief Holder for the State of Uttarakhand)


                      JUDGMENT

Petitioner earlier filed Writ Petition (M/S) No. 1394 of 2020, which was disposed of by this Court vide order dated 28.08.2020 with a direction to Director, Secondary Education, Uttarakhand to take decision on petitioner's representation within ten weeks. Pursuant to the order passed in that writ petition, Director, Secondary Education, Uttarakhand has passed an order on 24.12.2020. In the said order, Director, Secondary Education, Uttarakhand has referred to the finding recorded by the Inquiry Committee, according to which, there are allegation of financial irregularities and misappropriation of funds/ property belonging to the Society against office bearers of the Society, which runs a Government Aided School, namely, C.M.D. Inter College, Chudiyala, Haridwar.

2. Director, Secondary Education separately issued a letter to the Secretary, School Education on 24.12.2020 with a request to have a special audit done in respect of these irregularities committed in respect of funds/property of C.M.D. Inter College, Chudiyala, Haridwar.

3. Grievance of the petitioner is that the Secretary, School Education has not considered the recommendation made by Director, Secondary Education vide letter dated 24.12.2020.

4. By means of this writ petition, petitioner has sought following relief:

"a) Issue a writ, order or direction in the nature of Mandamus directing the respondent nos. 1 & 3 to take appropriate action pursuant to the recommendation made by respondent no.- 2 vide letter dated 24.12.2020, filed as Annexure No.- 3."

5. Having regard to the facts & circumstances of the case, the writ petition is disposed of with a direction to Secretary, School Education to consider the recommendation made by Director, Secondary Education vide letter dated 24.12.2020 and take appropriate decision, in accordance with law, within eight weeks from today.

6. While taking any decision, the person, who is likely to be affected by the decision, shall also be heard.

(MANOJ KUMAR TIWARI, J.) Arpan