The requirement of recording reasons and adherence to the principles of natural justice are essential for the validity of administrative orders.

Arun Tandon, J.—Heard counsel for the parties.

2. Impleadment application is allowed.

3. Let Sri Murari Lal Sharma and Ram Autar may be impleaded as respondent Nos. 3 and 4.

4. Counter-affidavit filed on their behalf may be taken on record.

5. Heard Sri P. S. Baghel on behalf of the petitioner, learned standing counsel on behalf of respondent Nos. 1 and 2 and Sri P. C. Mishra on behalf of newly added respondent Nos. 3 and 4.

6. The Committee of Management S.P.G. Inter College Eka, Firozabad through its Manager Sri Sudhir Kumar Pathak has filed this writ petition against an order passed by the Regional Joint Director of Education dated 22nd August, 2003, whereby the Regional Joint Director of Education, in exercise of powers under Section 6 (3) of the U. P. High School and Intermediate Colleges (Payment of Salary of Teachers and Other Employees) Act, 1971, has superseded the Committee of Management and has appointed an Authorised Controller in the institution.

7. On behalf of the petitioner it is contended that the aforesaid order dated 22.8.2003, is liable to be set aside on the ground it contains absolutely no reasons. It is submitted that the order dated 22nd August, 2003, visits the petitioner with evil civil consequence, as such recording of reasons is must and in absence thereof the order cannot be sustained. The petitioner has placed reliance upon the judgment of the Hon’ble Supreme Court in the case of Mohal Lal, AIR 1974 SC 888.

8. On behalf of respondents it is contended by the learned standing counsel that the petitioner has efficacious alternative remedy by way of appeal before the Director under Section 7 of the Payment of Salaries Act, as such writ petition is liable to be dismissed on the ground of alternative remedy. It is further submitted that the petitioner Committee of Management is involved in serious irregularities. Further the term of the elected Committee of Management had expired in the year, 2002, valid elections thereafter have not taken place and as such the Committee is not entitled to any protection of this Court.

9. I have heard counsel for the parties and have gone through the records of the writ petition.

10. Before adverting to the merit of the writ petition, it is necessary to consider the objections raised on behalf of the State-respondent Nos. 1 and 2 by the learned standing counsel with regards to the availability of the alternative remedy.

11. The objections raised on behalf of the learned standing counsel, in the facts of the case, is legally not sustainable. From the impugned order it is apparently clear that after noticing the allegations, which were made in the show cause notice against the petitioner, the only fact mentioned in the order is that a reply has been filed by the petitioner and the reply so filed is not satisfactory.

12. In the opinion of the Court there are absolutely no reasons assigned in the order for disagreeing with the explanation furnished by the petitioner and in absence thereof the order is rendered arbitrary and does not fulfil the requirement of third principle of natural justice as enunciated by the Hon’ble Supreme Court in the judgment in AIR 1990 SC 194, wherein it has been held that recording of reasons is third principle of natural justice. Even otherwise reference may also be had to the judgment of Hon’ble Supreme Court in AIR 1970 SC 1302, paras 4 and 5, wherein the Hon’ble Supreme Court has held that in absence of reasons filing of appeal is an ample formality. The Hon’ble Supreme Court in case of Whirlpool Corporation v. Registrar of Trade Marks, Mumbai and others, 1999 (2) AWC 2.54 (SC) (NOC) : (1998) 8 SCC 1, has held that alternative remedy will not bar entertainment of a writ petition if the impugned order has been passed in violation of principles of natural justice.

13. In view of the aforesaid settled legal position this Court is of the opinion that in the facts of the case bar of alternative remedy is not attracted and the