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Ramapur Uchhtar Madhyamik Vidyalaya – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Mrs. Manju Rani Chauhan, J.
1. This writ petition has been filed by the petitioner for quashing the impugned order dated 31.07.2021 passed by respondent no.3, which has been communicated to the petitioners' institution under the letter of the Finance and Accounts Officer of the Office of District Basic Education Officer, Mirzapur dated 31st July, 2021, whereby he has directed the single operation of bank accounts of the petitioners' institution. He has also prayed for a mandamus directing the respondents to consider the application dated 18.08.2021 made by the petitioner and not to interfere in the peaceful functioning of the petitioners' institution in accordance with law.
2. On 11th December, 2021, on the submission made by the learned counsel for the petitioner that the order impugned 31st July, 2021 has been without jurisdiction as the Finance and Accounts Officer of the Office of District Basic Education Officer, Mirzapur has no power to pass such order, this Bench passed following order:
An authority must pass a speaking and reasoned order indicating the material on which its conclusions are based.
State or its instrumentality must not take any irrelevant or irrational factor into consideration or appear arbitrary in its decision. "Duty to act fairly" is part of fair procedure envisaged under A....
Point of Law : Order passed by the District Inspector of Schools, Agra directing single operation of bank accounts of the petitioners' institution is set aside and the matter is remitted back to the ....
The appointment of an authorized controller under the U.P. Intermediate Education Act must adhere to principles of natural justice, requiring the decision-maker to provide a fair hearing and avoid bi....
Quasi-judicial authorities must issue reasoned decisions for transparency and accountability, ensuring that justice is both done and perceived to be done.
The main legal point established in the judgment is the requirement for orders to contain proper reasoning and adhere to the principle of natural justice, as well as the binding effect of a similar p....
Disciplinary proceedings must adhere to principles of natural justice, requiring clear and reasoned outcomes, though procedural flaws must show substantial prejudice to negate authority findings.
The court affirmed that administrative powers under the Uttar Pradesh Education Act were exercised correctly, as the Committee of Management was given adequate opportunity for reply and the impugned ....
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