COMMITTEE OF MANAGEMENT HITKARI KISAN INTER COLLEGE SAKAUTI TANDA MEERUT v. STATE OF U.P. AND 3 OTHERS
WRIA/1626/2025 · 2025-02-10
Saurabh Shyam Shamshery
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15945 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15945 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:19885 Court No. - 10 Case :- WRIT - A No. - 1626 of 2025 Petitioner :- Committee Of Management Hitkari Kisan Inter College Sakauti Tanda Meerut Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shaili Ganguly Counsel for Respondent :- C.S.C.,Krishna Kumar Chand,Ram Ajor,Vivek Kumar Singh Hon'ble Saurabh Shyam Shamshery,J.
1. This Court has passed following order on 11.02.2025 :-
“Let Sri Anil Kumar Tripathi, (deponent) shall appear before this Court in person tomorrow at 12 P.M. to explain as to why not proceedings be initiated against him for filing an affidavit on behalf of Committee of Management without any authority of Committee of Management and to explain that once inquiry was concluded by an inquiry report dated 19.11.2024 and petitioner Committee of Management has still not taken any decision on it, how an order of disapproval of suspension
order dated 12.12.2024 be challenged? Put up on 11.2.2025 at 12 P.M.”
2. Facts of present case are very disturbing that not only deponent has not properly made declaration in the affidavit but has not appeared before the Oath Commissioner to verify it and clerk of the advocate has got it verified by Oath Commissioner, however, considering that this case is filed from a reputed Advocate’s office which is also conveyed by many learned advocates present in Court, therefore, I am restraining myself from passing any adverse order against the advocate concerned.
3. The affidavit was affirmed before one Reeta Yadav, Advocate/Oath Commissioner (Reg. No. UP 00954/2022) who is not present before this Court despite being informed and as referred above, she was
also not diligent and verified the affidavit in absence of the deponent, therefore, she is required to file an explanation which shall be submitted in the office of Registrar General of this Court within 4 days, upon which Registrar General will be at liberty to consider whether any action is required to be taken against her or not in terms of relevant provisions governing the appointment of an Oath Commissioner.
4. The Court is not satisfied as to how any cause of action arises except there are observations in impugned order on merit of charges, when issue was limited to consideration of an order of suspension, however, no such ground is taken in the writ petition. Above all, the conduct of petitioner and deponent are not appropriate rather they have tried to play fraud by not appearing before the Oath Commissioner on 31st January, 2025 when he has attended the college at Meerut on same day.
5. Accordingly, this writ petition is dismissed with a cost of Rs. 10,000/- each on petitioner-institution through its Manager as well as on deponent-Principal of said college. The cost will be deposited within 7 days from today in account of High Court Bar Association, Allahabad.
6. In case it is not deposited within stipulated period, the Registrar General will initiate proceedings for recovery of aforesaid cost in terms of arrears of revenue.
7. The proposed action on inquiry report is submitted before the concerned respondent who will take a decision without being influenced of contents of the impugned order.
8. Registrar (Compliance) to take steps.
Order Date :- 11.2.2025 Sinha_N. Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad