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Judgment
Shabihul Hasnain, J.
Notice on behalf of respondents no. 1 to 4 has been accepted by the learned Chief Standing Counsel and on behalf of respondents no. 5 and 6 notice has been accepted by Sri Vishal Verma.
We do not intend to issue notice to opposite party no. 7.
The petitioner is being subjected to recovery for alleged discrepancies in the on going construction of Junior High School. The petitioner relies upon the report of the Committee constituted at State Level, which says that the institution is being made in accordance with the norms.
The impugned order, as argued by the counsel for the petitioner, has been passed without affording any opportunity to the petitioner and without making him know about the discrepancies or shortcomings which have occurred in construction of the school in question.
Since the impugned order has been passed without issuing any notice or affording any opportunity, the same cannot be sustained.
The orders passed by the Zila Basic Shiksha Adhikari dated 27.11.08 and 3.5.08 are liable to the set aside, which are hereby quashed.
It is, however, open to the concerned authority to issue appropriate notice to the petitioner in case any enquiry is to be made and after affording opportunity to the petitioner, appropriate orders may be passed.
The writ petition is allowed.