M.s.lagu

Order - Status 9: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No.7624 of 2004 Shri Shankar Narsaiah Samala ..Petitioner vs. 1. Administrative Officer Municipal Education Board Bhiwandi, and ors. ..Respondents Shri M.S.Lagu for petitioner Shri R.M.Agrawal with Shri G.R.Agrawal for respondent no.1. Shri R.D.Rane, Addl.G.P. for respondent nos. 2 and 3. CORAM: A.P.SHAH AND S.C.DHARMADHIKARI JJ 23rd NOVEMBER, 2004 P.C. Heard Advocates. Shri Agrawal, learned Counsel appearing for respondent no.1 and Shri Rane, Addl.G.P. appearing for respondent nos. 2 and 3 fairly conceded that the impugned directions were issued without affording to the petitioner an opportunity of hearing. It is obvious that there was violation of the principles of natural justice. It appears that respondent no.1 has suspended the payment of trained teacher to the petitioner solely on the basis of the directions given by the Deputy Director. At no stage the petitioner was heard by any of these authorities. We, therefore, set aside the impugned order of recovery. We direct the Deputy Director to grant personal hearing to the petitioner and thereafter pass appropriate orders in accordance with law. All contentions on merits are left open to the parties. Petition is disposed of.