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Judgment
Heard Mr. Palash Tiwari, learned counsel for the appellant. Also heard Mr. Gagan Tiwari, learned Deputy Government Advocate, appearing for respondents No. 1, 2 & 6 and Mr. B.P. Sharma, learned counsel, appearing for respondents No. 3 to 5 along with Ms. Anuja Sharma.
This writ appeal is preferred against an order dated 16.12.2020 passed by the learned Single Judge in Writ Petition (S) No. 4821 of 2020, dismissing the writ petition filed by the petitioner on the ground that the writ petition was not maintainable as the petitioner was not an aggrieved person.
The writ petitioner was appointed as Assistant Professor (Economics) in D.P. Vipra College, Bilaspur in the year 1987.
Perusal of the averments made in writ petition goes to show that the respondent No. 2, the Commissioner, Department of Higher Education, by an order dated 11.05.2012 had superseded the governing body of the society of respondent No. 2 (should have been Snatak Mahavidyalay Shikshan Samity) and handed over the functions and affairs of the institution to the Collector, Bilaspur, who continued as administrator for the sessions 2012-13 to 2014-15. After appointment of the administrator, the respondent No. 3 (should have been respondent No. 2) vide order dated 06.06.2012 deputed the petitioner as in-charge Principal and accordingly, he discharged his duties as in-charge Principal with effect from 06.06.2012 to 08.10.2014.
It appears that certain audit objections were raised by the 'Local Audit Fund' in its report dated 24.05.2016 (for the period 2010-11 to 2014-15) with regard to expenses incurred in computing work, repairing and white-washing of the College building during the tenure of the administrator. On the basis thereof, a notice was issued to the petitioner on 16.09.2017 consequent upon resolution of the governing body dated 02.10.2016. The petitioner replied to the said notice vide its reply dated 23.09.2017.
The petitioner refers to a writ petition, being Writ Petition (C) No.3420 of 2018. However, it is not clear at whose instance the writ petition was filed and for what purpose.
The respondent No. 5 had issued a notice on 21.02.2019 alleging that during the period of 2010-11 to 2014-15, an amount of Rs.22,78,703/- had been spent by the petitioner during his tenure as in-charge Principal in contravention of Bhandar Kray Niyam, 2002. The reply was furnished by the petitioner on 27.02.2019.
It is the case of the petitioner that during the aforesaid period, the respondent No. 6, i.e., Deputy Director, Local Fund Audit had issued multiple memos dated 08.12.2017, 21.01.2019 and 31.01.2020 for submitting compliance report to respondent No. 5, but, the respondent No. 5 did not pay attention in that regard.
Similar memos were also issued by respondent No. 2 on 27.02.2020, 17.03.2020, 27.05.2020 and 29.06.2020 to the respondent No. 5 to submit compliance report to the respondent No. 6 to conclude the audit objections. However, the respondents No. 3 to 5 did not take any steps for compliance.
The writ petition was filed on 03.11.2020.
The petitioner was due to retire from service on 30.06.2021. It is pleaded in the writ petition that failure to submit the compliance report would severely affect grant of emoluments and benefits payable after his superannuation. It is on that premise, the writ petition was filed praying for a writ of mandamus to direct the respondents No. 3 to 5 to submit the compliance report before the respondent No. 6 within a stipulated period and to direct the respondents No. 1 and 2 to take appropriate action against respondents No. 3 to 5 for delaying the submission of audit compliance report.
During the course of the present proceedings, allegations / counter-allegations are made with regard to compliance of the audit objections. Some documents have also been filed in connection with purported compliance of audit objections. Mr. Palash Tiwari has disputed the compliance of the audit objections by the respondents No. 3 to 5.
During the course of the present proceedings, we have also been informed that Writ Petition (S) No. 3804 of 2020 and Writ Petition (S) No. 4032 of 2020 filed by the petitioner, Writ Petition (C) No. 2865 of 2021 filed by the College authorities, Writ Petition (S) No.6401 of 2021 filed by the petitioner, are pending adjudication before the learned Single Judge.
It is submitted by Mr. Palash Tiwari that Writ Petition (S) No. 3804 of 2020 was filed challenging suspension of petitioner; Writ Petition (S) No. 4032 of 2020 was filed challenging the appointment of the Principal as an enquiry officer in departmental proceeding; Writ Petition (C) No. 2865 of 2021 was filed challenging the order of the State Government revoking suspension of the petitioner by order dated 28.06.2021 and in Writ Petition (S) No. 6401 of 2021, the petitioner had sought appropriate direction for grant of final pension, gratuity, sick leave, group insurance, leave encashment and other emoluments along with salary of suspension period with increment payable from July, 2020.
In the attending facts and circumstances, as noticed hereinabove, it appears that audit objections raised and its non-compliance is the central issue in the writ petition, out of which this appeal arises. The case projected by the petitioner is that in absence of compliance of audit objections, the petitioner will suffer great prejudice, as so long as audit objections are not met, the same may result in adverse consequences on the grant of retiral benefits to the petitioner.
In that background, we are of the considered opinion that it cannot be said that the petitioner is a complete stranger to the issue and he has no interest in the subject matter sought to be raised before the writ Court.
In our opinion, the petitioner is an aggrieved person for the cause sought to be espoused by him, and therefore, we interfere with the order of the learned Single Judge. Accordingly, order of the learned Single Judge is set aside and the writ petition is remanded back for fresh consideration.
Registry will list the writ petition before the appropriate Bench having roster on 22.08.2022.
We make it clear that we have expressed no opinion on the merits of the case of either of the parties. If the parties hereto desire to place any other materials on record, the same can be placed within a period of 15 days from today.
Before parting with the records, we request the learned Single Judge to decide the case as expeditiously as possible.