R.A. Sharma, J. - (1.) By an order dated 3-5-1991 that Court directed the District Inspector of School, Varanasi, to decide the petitioner's representation by speaking order, after affording reasonable opportunity of being heard and to lead evidence, to the petitioner as well as to the respondent No. 2. It appears that the District Inspector of Schools has decided the representation by order dated 18-7-1991. It is alleged by the petitioner in the writ petition that this order is back dated and in fact it was not passed in the month of July, 1991 and in any case no opportunity was given before passing of the above order.
(2.) In this connection the petitioner has also made representation (copy of which has been filed as Annexure-9 to writ petition), requesting the District Inspector of Schools to recall his order dated 18-7-1991 at the same was passed in violation of principal of natural Justice. This representation is said to have been filed by the petitioner in the month of May, 1992 and according to the averments made in the writ petition no order has been passed by the District Inspector of Schools, so far.
(3.) This Court required the District Inspector of Schools to pass order after giving reasonable opportunity of being heard to the petitioner and it was, as such, incumbent upon him to decide it in accordance with the principle of natural Justice. An authority, who is required to decide in accordance with the principle of natural justice, has incidental power to recall his order if it is found that the same has been passed without giving reasonable opportunity of being heard to the person concerned. Petitioners, representation (Annexure-9 to writ petition) as such is liable to be decided by the District Inspector of Schools, on merits in accordance with law.;