RAMA SHANKAR PANDEY AND OTHERS Vs. DISTRICT INSPECTOR OF SCHOOLS, JAUNPUR AND OTHERS
LAWS(ALL)-1980-9-87
HIGH COURT OF ALLAHABAD
Decided on September 09,1980

Rama Shankar Pandey And Others Appellant
VERSUS
District Inspector Of Schools, Jaunpur And Others Respondents

JUDGEMENT

J.M.L.Sinha, J. - (1.) Rama Shanker Pandey, Vijay Pratap Singh, Surendra Pratap Singh and Ram Kripai petitioners were appointed as teachers in Raja Harpai' Singh inter College, Singra Mau, district Jaunpur. According is the respondents, these appointments were by promotion. The petitioners do not submit to this position, but that is of no consequence Later by an order dated 17-10-1974 the respondent no. 1 cancelled the approval that had been accorded by him earlier through his order dated 13-2-1974. The petitioners have assailed the order dated 17.10.1974 by writ petition no. 8149 of 1974 and the main ground of attack is that the order having-been passed without affording any opportunity to show cause is in clear violation of the principles of natural justice and deserves to be quashed.
(2.) Dudh Nath Singh and Kranti Pratap Singh petitioners were working as teachers in L.T. grade in Jai Hind Inter College, Teji Bazar, Jaunpur. The Committee of Management of that institution created two posts in the lecturer grade and appointed the petitioners in that grade. The appointment of Dudh Nath Singh, petitioner no. 1, was approved by the District inspector of Schools through his order dated 19-12-1974 and the appointment of Kranti Pratap Singh, petitioner no. 2, was approved by the order dated 2-3-1974. By a subsequent order dated 15-10-1974 the District Inspector. of Schools respondent no. (1) cancelled the aforesaid approval Dudh Nath Singh ana Kranti Pratap Singh have, therefore, filed Writ Petition No 8169 of 1974 praying for quashing the order dated 15-10 1974. The main ground of attack by them also is that the order having been passed in violation of the principles of natural justice is bad in law.
(3.) So far as Writ Petition No. 8149 of 1974 is concerned, the.allegation that the impugned order was passed.without affording any opportunity to show cause, is contained in paragraph 25 of the writ petition. In the counter-affidavit filed 00 behalf of the respondents it has not been controverted. It therefore, be accepted that the District Inspector of Schools reviewed the earlier order dated 13-2-1974 without affording any opportunity to show cause;


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