The Allahabad High Court while allowing a petition said that if the manager of a college management committee dies, then the deputy manager has the right to look after the work of the committee.
A single-judge bench of Justice Manish Kumar passed this order while hearing a petition filed by C/M Shri Narang Sanskrit Mahavidyalaya and Another.
The petition has been preferred for quashing of the order dated 01.02.2024 passed by the respondent no 2, the District Inspector of Schools, Maharajganj, whereby he has appointed the Finance and Accounts Officer to operate the bank account of the petitioner-institute and with a further prayer to direct the respondent no 2 to attest the signature of petitioner no 2 as Manager of the Committee of Management of the Institution.
Counsel for the petitioner has submitted that the Manager of the Institution had expired on 24.01.2024 and the order dated 01.02.2024 has been passed within a week authorizing a person to operate the bank accounts of the petitioner institution. The said order has been passed without issuing any notice or providing any opportunity of hearing to the petitioners.
It is further submitted that as per the second proviso to Section 60-D of the U.P State Universities Act, 1973, which provides that it is the Deputy Director who can instruct the bank that salary payment account shall be operated by himself, or by such other officer as may be authorized by him and that too, after providing opportunity of showing cause to the Committee of Management.
It is also submitted that the DIOS is not empowered to pass an order as the petitioner no 1 is a degree college, hence the order passed by the DIOS is without jurisdiction and in support of his submission, counsel for the petitioner has relied upon the judgment dated 22.08.2012.
Counsel for the petitioner said that as per the scheme of administration of the Committee of Management of the petitioner in absence of the Manager, the Deputy Manager is authorized to function as a Manager and in pursuance thereof, a letter has already been sent on 05.06.2024 and reminders were sent on 25.06.2024 & 15.07.2024 to the DIOS for attesting the signature of petitioner no 2.
On the other hand, Standing Counsel has submitted that there is no illegality in the impugned order dated 01.02.2024 passed by the DIOS. The reason indicated in the order is sufficient for passing the impugned order for the purpose of regular payment of salary to the teaching and non-teaching staff but he is unable to dispute the aforesaid submissions raised by the counsel for the petitioner and the judgment relied in support thereof.
The Court observed that,
After hearing counsel for the parties, going through the record of the case and the judgment relied by counsel for the petitioner in the case of Committee of Management (supra), the position which emerges out in the case is that within seven days of demise of the Manager, the impugned order has been passed on the letter of the Principal. The DIOS has passed the impugned order without providing any opportunity to the petitioner no 1 and in a hurried manner just to take the control of the bank account of petitioner no 1 and that too, without jurisdiction. The petitioner is a degree College and governed by the provisions of the Act, 1973. The second provision of Section 60- D empowers the Deputy Director to pass an order after providing an opportunity of hearing to the Committee of Management.
As per the scheme of administration of the Committee of Management of the petitioner no 1, in the absence of the Manager, the Deputy Manager is empowered to function and in pursuance thereof, the letters were written to the DIOS for attesting the signature of the petitioner no 2, who is a duly elected Deputy Manager but till date no decision has been taken on the same. The impugned order has been passed merely on the pretext that the Manager had expired otherwise there has been no complaint against petitioner no 1.
“In view of the facts, circumstances and discussion made hereinabove, the impugned order 01.02.2024 passed by the respondent no 2/the District Inspector of Schools, Maharajganj is without jurisdiction and in contravention of principles of natural justice”, the Court further observed while allowing the petition.
The Court quashed the order dated 01.02.2024 passed by the respondent no 2/the District Inspector of Schools, Maharajganj.
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