AJIT KUMAR,J. - (1.) Heard the learned counsel for the parties.
(2.) The petitioners by means of this writ petition have questioned the propriety of the order passed by the Special Secretary, Department of Basic Education, Government of UP Lucknow whereby he has virtually rejected the payment of salary holding that the letter regarding the sanction of post is forged and fabricated one. The short question that has been raised by the learned counsel for the petitioner is that though the hearing was finally conducted on 23.08.2018 and thereafter no date was fixed and yet some report was called for from the District Basic Education Officer, Jaunpur dated 31.08.2018 and reliance was placed thereon. The argument, therefore, is that the procedure adopted by the authority concerned is in clear violation of the principles of natural justice.
(3.) On the basis of argument so advanced this Court had directed the learned Additional Chief Standing Counsel to have instructions in the matter by passing the following order:- "The argument advanced on behalf of the petitioner is that after hearing was conducted on 23rd August, 2018, respondent has called for report from District Inspector of Schools on 31st August, 2018 and decide the matter. Taking notice of the said report of which petitioners had not been given any opportunity to make a reply or examine at-least therefore, order cannot pass the test of fairness for want of compliance of principles of natural justice. It is on this count, counsel for the petitioner says that order impugned cannot be sustained and liable to got and fresh decision should be taken after supplyng copy thereof to the petitioner. Let learned Standing Counsel seek instructions in the matter about correctness of the averments so made. Put up this case as fresh on Monday i.e. 3rd December, 2018 as fresh." ;