COMMITTEE OF MANAGEMENT INTERMEDIATE COLLEGE, BARIYASHANPUR, DISTRICT VARANASI PETITIONER Vs. DISTRICT INSPECTOR OF SCHOOLS, VARANASI

JUDGEMENT

(1.) Under the Second proviso to Sec. 5 (1) of the U.P. Act 25 of 1971, the power of the Inspector to instruct the Bank that the account be operated only by himself or by other officer as may be authorised by him in that behalf arises only in the event of any fresh default on the part of the Management. Sec. 3 (1) of this Act envisages that the salary of the teacher or other employee of the institution shall be paid to him before the expiry of twentieth day. From the order, which the District Inspector of Schools has made in this case on March, 3, 1987 (Vide Annexure-3) it transpires that the same has been passed on the ground that the salary forth month of Feb., 1987, was not disbursed by the Management. The time specific under Sec. 3 (1) being till March 20, it does not appear that the Management may legitimately be accused of default being committed in this respect for the month. It is submitted, 'moreover, that the requisite bill have been submitted to the Inspector on or about March, 5, 1987. It does not also appear that the payment of salary within the time Scheduled may not yet be made or that there has anything which the Management could further to in this respect.

(2.) For the above, the order impugned dated March, 3, 1987, is quashed. The petition is allowed.

(3.) Certified copy of the order may issue within 48 hours on payment of necessary charges. Petition allowed.