IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Stay Application No.4519 of 2010 In Writ Petition No. 935 of 2010 (M/S) Vijay Pal Singh S/o Sri Sulekh Singh, R/o Village & Post Aurangabad Tehsil & District Haridwar. ……Petitioner Versus 1. Rashtriya Inter College Aurangabad Aneki Tehsil & District Haridwar, through its Administrator. 2. District Education Officer, District Haridwar. 3. Additional District Education Officer (Madhyamik). 4. Additional Director of Education, Directorate of Education Pauri Garhwal. 5. Dharmendra Singh Chauhan S/o Sri Shyam Singh R/o L-28 Phase 3 Shivlok Colony, Haridwar. …….Respondents. Mr.Sharad Sharma,Senior Adovate with Mr. B. C. Bhatt Advocate for the petitioner. Mr. K.P.Upadhyay, Addl. C.S.C. for the State-respondent Nos. 2 to 4. Mr. Siddhartha Sah, Advocate holding brief of Mr. Sanjeev Singh, Advocate for the respondent No.5. Dated:-14-06-2010 Hon’ble B.S.Verma, J. Heard learned counsel of the parties and perused the record. Learned counsel for the respondents is agree that the writ petition be disposed of today without counter version. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari for quashing the impugned order dated 27.04.2010 passed by respondent no.4 annexed as Annexure no. 8 to the writ petition whereby the respondent no.2, in view of the inquiry 2 report dated 3rd April 2010 and scheme of administration directed the authorized controller to conduct the election. The grievance of the petitioner is that without giving opportunity of hearing the membership of the petitioner was cancelled. I have perused the order impugned, by a perusal of the order impugned it reveals that no opportunity of hearing was given to the petitioner and other members whom names have been held invalid i.e. serial No. 49 to 79 of the list and recommended for cancellation of the membership. The order impugned is cryptic in nature and in one line the Additional Director, Garhwal Region passed an order and observed in its order that the report of inquiry officer is valid and cancelled the membership of the petitioner also. Since, no opportunity of hearing was given to the petitioner prior to the cancellation of membership. In the present writ petition, the averment to this effect was made that in the earlier election the members from Serial No. 49 to 65 had already participated in the election and the list of the earlier election was approved by the District Education Officer, the approval notice has been annexed as Annexure No.3 to the writ petition. In view of the fact that the matter requires close scrutiny of papers of the membership of the petitioner and other members by the Additional Director himself. The order impugned has been passed on the basis of inquiry report in mechanical manner and there is no application of mind in passing the impugned order and the order has been passed totally in a cryptic manner. The opportunity is given to the petitioner to file objection against the inquiry report and to other members whose names were 3 deleted. The Additional Director shall also issue notices to them and after hearing and perusal of the original record whether their membership fees was deposited as per scheme of administration shall pass fresh speaking and reasoned order. So far as to effect the service on the members, whose names have been deleted on the basis of the impugned order, the respondent No. 4 may serve notice on them by publication in the local newspaper i.e. ‘Amar Ujala’ or ‘Dainik Jagran’ for filing their objections. The petitioner would be at liberty to file objection within a week from today thereafter the respondent No.4 i.e. Additional Director shall pass fresh order after hearing the members whose membership have been cancelled by the impugned order preferably within period of four weeks. Till the fresh order is passed, the order impugned shall be kept in abeyance. With the said direction and observation, the writ petition is disposed of. All pending applications stand disposed of accordingly. (B.S.Verma, J.) 14-06-2010 MK