LAWS(ALL)-2014-1-17

SANKATHA PRASAD MISHRA Vs. DIRECTOR OF EDUCATION

Decided On January 10, 2014
SANKATHA PRASAD MISHRA Appellant
V/S
DIRECTOR OF EDUCATION Respondents

JUDGEMENT

(1.) The petitioner, working as Principal of Sri Motilal Nehru Inter College, Basupur, District Ghazipur (hereinafter referred to as the "College") is aggrieved by certain orders passed by District Inspector of Schools, Ghazipur (hereinafter referred to as the "DIOS") and the Director of Education (Secondary), U.P. at Allahabad (hereinafter referred to as the "DE"), hence has sought a writ of certiorari for quashing of those orders by filing this writ petition under Article 226 of the Constitution.

(2.) The first order impugned in this petition is dated 24.04.2000 (Annexure-7 to the writ petition) passed by DIOS directing for recovery of amount of salary paid illegally from State exchequer to one, Sri Rajeev Kumar, respondent no. 6, Peon for the period of 01.11.1996 to 30.11.1999. The second order is dated 29.05.2000 (Annexure-11 to the writ petition), whereby the objection/ representation made by petitioner against the order dated 24.04.2000 has been considered by DIOS, and rejected. The third order is dated 19.06.2000 (Annexure-14 to the writ petition), whereby the DIOS has directed petitioner to deposit the amount sought to be recovered under order dated 24.04.2000 immediately, else the recovery shall be made from salary. The fourth order is dated 02.03.2000, which is not annexed to the writ petition, allegedly passed by DE pursuant whereto the DIOS has passed earlier mentioned impugned orders.

(3.) The facts, in brief, giving rise to present dispute are as under.