The court set aside an order dispensing with the appellant's services passed without affording an opportunity of hearing to the institution's management or the appellant. The matter is remitted for a fresh order expeditiously.
Order dated 17.02.2018 set aside; matter remitted to District Inspector of Schools for fresh order after hearing.
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Court No. - 39
Case :- SPECIAL APPEAL No. - 262 of 2018
Appellant :- Dharampal Respondent :- State Of U.P. And 5 Ors Counsel for Appellant :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.,Raj Mohan Saggi
Hon'ble Dilip Gupta,J. Hon'ble Neeraj Tiwari,J.
This Special Appeal is directed against the interim order dated 27 February 2018 passed in Writ A-No.7015 of 2018 filed by the Committee of Management of the Institution.
The writ petition had been filed against the order dated 17 February 2018 passed by the District Inspector of School (Second), Meerut by which the order dated 1 August 2017 passed by the Committee of Management of the Institution dispensing with the services of the appellant, who had been appointed on probation as an Assistant Clerk in the Institution was set aside. The submission that prima facie found merit with the learned Judge while passing the interim order was that the District Inspector of Schools had set aside the order of the Committee of Management without affording opportunity of hearing to the Committee of Management of the Institution.
Learned counsel for the appellant has stated that if that be so, then the matter can be remitted to the District Inspector of Schools for passing a fresh order after providing opportunity of hearing to the Committee of Management of the Institution as also the appellant.
Sri R.K.Ojha, learned Senior Counsel appearing for the petitioner-respondent assisted by Sri R.M.Saggi states that the said respondent can have no possible objection to the order dated 17 February 2018 passed by the District Inspector of Schools being set aside for the said reason.
In this view of the matter, the writ petition itself can be disposed of at this stage by setting aside the order dated 17 February 2018 and remitting the matter to the District Inspector of School (Second), Meerut for passing a fresh order after providing opportunity of hearing to the Committee of Management of the Institution.
Learned counsel for the parties are also agreed that the writ petition itself may be disposed of at this stage.
In this view of the matter, the order dated 17 February 2018 passed by the District Inspector of School (Second), Meerut is set aside with liberty to the District Inspector of School (Second), Meerut to pass a fresh order expeditiously after providing opportunity of hearing to the Committee of Management of the Institution as also Sri Dharampal- the appellant.
The writ petition and the Special Appeal are, accordingly, allowed to the extent indicated above.
A copy of this order may be placed in the file of Writ A- No.7015 of 2018 filed by the Committee of Management of the Institution.
Order Date :- 4.4.2018 NSC
(Dilip Gupta, J.)
(Neeraj Tiwari, J.)
2 issues framed by the court
Whether the order dispensing with the appellant's services required a fresh hearing for the management and the appellant before being set aside.
Whether the writ petition and special appeal should be disposed of by setting aside the impugned order and remitting the matter.
Dharampal
State Of U.P.
Dilip Gupta
Neeraj Tiwari
As recorded by the court registry
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