DHARMANAND KANDPAL Vs. JOINT DIRECTOR, EDUCATION, KUMAUN DIVISION

JUDGEMENT

(1.) HEARD Sri K. N. Joshi and Sri N. C. Gupta Standing counsel.

(2.) THE present writ petition has been filed challenging the order passed by the Joint Director of Education, Kumaon Division, Nainital dated 26.5.2003 by which order has been passed under section 6 (3) of U.P. High Schools and Intermediate colleges (Payment of Salaries of Teachers and other employees) Act, 1971 (hereinafter called the 'Act') superseding the management and appointing authorized controller.

(3.) A perusal of the impugned order dated 26.5.03 shows that an inquiry was conducted with regard to the affairs of the institution. The order dated 29.3.03 shows that a show cause notice was issued by the District Inspector of Schools, Bageshwar to the Manager regarding the increment of pay of Sri Mohan Chandra, Lecturer in Sociology. In continuation of the aforesaid show cause notice dated 29.3.03 another letter was sent on 30.4.2003 stating therein that the salaries have not been paid in accordance with the recommendation of fifth pay commission's report and as such financial irregularities were found in the institution.