JUDGMENT V.K. Khanna and R.A. Sharma, JJ. - The petitioners in this writ petition have challenged the order passed by the District Basic Education Officer under Section 5(i) of the Penalties of Salaries Act. The effect of which is that account of the Institution will now be run by the Basic Education Officer singly and not along with the Manager of the institution. 2. The sole grievance which has been raised in this writ petition is that the order of single operation has been passed by the Basic Education Officer without affording the petitioners an opportunity. 3. At the admission stage we have heard learned Standing Counsel also and the present writ petition is being disposed of finally in accordance with the rules of Court. 4. It is true that before passing the order under Section 5, the Basic Education Officer normally should have provided opportunity to the petitioners. From the annexures which have been filed along with the writ petition it however, becomes apparent that the delay was being caused in the payment of salary of teachers we are expressing our own opinion on the merits of the case. Looking to the entire facts and circumstances of the case, however we are of the opinion that the petitioners may now file a representation before the Basic Education Officer putting forward his claim that the powers under Section 5 should not have been exercised by the Basic Education Officer. In case such a representation is filed by the petitioners the Basic Education Officer shall consider the same along with all the relevant material and will dispose of the representation preferably within a period of one month from the date of filing of the representation by speaking order. The copy of the order passed on the representation will be given to the petitioners. 5. Subject to the aforesaid observations, the present writ petition is finally disposed of. 6. A certified copy of this order shall be given to the learned counsel for the parties on payment of usual charges within 24 hours.