Jitendra Singh vs State of U.P. and Others

By means of the present writ petition, the petitioner seeks quashing of the order dated 2.11.2011 passed by Zila Basic Shiksha Adhikari Jalaun at Orai filed as Annexure 1 to the writ petition by which a sum of Rs. 62,652/-is sought to be recovered from the petitioner towards un-utilized food grains under mid day meal scheme.

In the impugned order reliance has been placed referring to the notice dated 15.2.2011 issued by the authority for fixing the liability on the ground that no reply has been submitted. It may be mentioned here that the notice dated 15.2.2011 was the subject matter of challenge by means of a writ petition C No. 18771 of 2011 which was disposed of vide judgment and order dated 31.3.2011 where under this court was pleased to set aside the notice dated 15.2.2011 and directed the District Basic Education Officer, Jalaun at Orai to pass a fresh order with due notice to the petitioner.

We have heard Shri Kunal Ravi Singh, learned counsel for the petitioner, learned standing counsel who represents respondent nos. 1,3 and 4, Shri S.K. Verma who represents respondent no. 6 and Shri Arjun Prasad Yadav who represents respondent no. 2 and perused the averments made in the writ petition and the documents filed alongwith it.

In paragraph 12 of the writ petition it has been stated that the petitioner had submitted his reply/explanation on 25.2.2011 which had not been considered and while passing the impugned order the notice dated 15.2.2011 has been relied upon, which has already been set aside by this court, therefore, this writ petition.

The submission is that the impugned order has been passed in gross violation of principles of natural justice as the reply submitted by the petitioner has not been considered and further the order dated 30.3.2011 passed by this court has not been complied with in letter and spirit. From the perusal of the imugned order dated 2.11.2011 filed as Annexure 1 to the writ petition we find that the District Basic Education Officer had relied upon the notice dated 15.2.2011 which notice has already been set aside by this court vide order dated 31.3.2011. No fresh notice appears to be issued to the petitioner calling upon to submit his reply. Further the reply submitted by the petitioner on 25.2.2011 has not been taken into consideration at all while fixing the liability.

We, therefore, set aside the order dated 2.11.2011 and direct the District Basic Education Officer Jalaun at Orai to pass a fresh order in accordance with law after considering the reply dated 25.2.2011 and any other reply which the petitioner may file. The order may be passed within a month from the date acertified copy of this order is filed before the said authority.

The writ petition stands disposed of.