COMMITTEE OF MANAGEMENT Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Amit Saxena, learned counsel for the petitioner, learned Standing Counsel for the respondent Nos. 1 and 2 and Sri R.B. Yadav for the respondent Nos. 3 and 4. Sri R.K. Ojha along with Sri K.B. Dixit has appeared for the Caveator � Maghvendra Singh, who is claiming himself to be the Head-master of the institution.

(2.) THIS petition questions the correctness of the order dated 18.8.2012 passed by the respondent No.2 in exercise of the powers conferred under The Uttar Pradesh Junior High Schools (Payment of Salaries of Teachers and other Employees) Act, 1978 (U.P. Act No.6 of 1979) appointing an Authorized Controller in the Institution. The Institution is a Junior High Schools and is under the grant-in-aid list and the salary of the Teachers and Head- master is being disbursed from the said grant-in-aid.

(3.) HIS second submission is that the notices are dated 30.9.2011 and 1.11.2011 which were issued long after the institution had been placed under single operation of account on 4.2.2011 itself. Once the salary of the employees was already being paid under single operation of account for the past more than 7 months prior to the issuance of the impugned notices, there was no default much less a persistent default and, as such, the notice itself proceeds against records.