GOPAL RAM Vs. R.I.G.S. AND OTHERS
LAWS(ALL)-2012-2-380
HIGH COURT OF ALLAHABAD
Decided on February 07,2012

GOPAL RAM Appellant
VERSUS
R.I.G.S. And Others Respondents

JUDGEMENT

Sudhir Agarwal, J. - (1.) THE petitioner was appointed as Class IV employee in Government Girls Inter College, Ghazipur by letter of appointment dated 5.1.1989 issued by Principal/appointing authority after due consideration i.e. after advertisement of vacancy and after selection made by Selection Committee. By means of impugned order dated 7.4.1989 the services of the petitioner was terminated referring to the direction made by Regional Inspector for Girls School 5th Region, Varanasi.
(2.) IT is said that the aforesaid termination has been made only on the ground that Selection Committee was wrongly constituted. However, before passing the impugned order no show cause notice or opportunity was afforded to him though the appointment was made after due selection. In the counter affidavit it is not disputed that before passing the impugned order no show cause notice or opportunity of hearing was afforded. It cannot be disputed that the impugned order has affected petitioner's civil rights and the same has been done in utter violation of principles of natural justice.
(3.) IN case of State of Orissa Vs. Dr. (Miss) Binapanni Dei and others : AIR 1967 SC 1269 the Apex Court said: It is true that the order is administrative in character, but even an administrative order which involves civil consequences as already stated must be made consistently with the rules of natural justice after informing the first respondent of the case of the State, the evidence in support thereof and after giving an opportunity to the first respondent of being heard and meeting or explaining the evidence. No such steps were admittedly taken; the High Court was, in our judgment, right in setting aside the order of the State.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.