M.P.Mehrotra, J. - (1.) This petition under Article 226 of the Constitution seeks the quashing of the order dated 26th July, 1974, passed by the District Inspector of Schools, Deoria, a true copy of which is Annexure 6 to the petition.
(2.) In brief, the petitioner's complaint is that he was acting as the Lecturer in Harish Chandra Intermediate College, Barhaj, Deoria at the relevant time. By the aforesaid impugned order, the District Inspector of Schools directed the Manager of the said Institution that the Lecturer's grade should be withdrawn from the petitioner and he should be given the lower L. T. grade. A further direction was given that the excess amount, which according to the department has been paid to the petitioner, should be reimbursed from him.
(3.) Feeling aggrieved, the petitioner has come up in this petition and in support of which we have heard learned counsel Sri G. C. Dwivedi for the petitioner. Many aspects of the matter have been raised in the writ petition, but we do not propose to deal with them as, in our opinion, it deserves to be allowed on the short ground that before passing the aforesaid impugned order, no opportunity was given to the petitioner to show cause. The impugned order without doubt affected the emoluments which the petitioner was receiving at the relevant time and as stated above, a further, direction was that certain allegedly excess payment should be realised from him. In our view, before such an order could be passed, which caused determent to the petitioner, he should have been given an opportunity to explain his point of view. This admittedly was not done in the instant case.;