- (1.) The petitioner, by means of instant writ petition, has challenged the order dated 14.6.2005 passed by the State Government through Secretary Revenue and Relief Commissioner, Lucknow holding that the deputation of the petitioner as Stenographer Grade II in the office of the fourth respondent (District Magistrate), Siddharth Nagar, his absorption in the regular cadre of Stenographer Grade II and his promotion to the post of Stenographer Grade I, were all illegal and dehors the provisions of the Rules.
(2.) One of the main contentions of the petitioner in the writ petition is that the impugned order has been passed without any notice and opportunity of hearing to him and is thus against all canons of natural justice. On 28.6.2006, when the writ petition was entertained, the following order was passed:- "Heard Sri Naveen Sinha, Senior Advocate, assisted by Sri Siddharth Singh. Sri Salil Kumar Rai has appeared for caveator. He prays for and is granted two weeks' time to file impleadment application and counter affidavit. Learned Standing Counsel shall also file the Counter affidavit within the aforesaid period of two weeks. The contention of the petitioner is that the impugned order dated 14.6.2005 has been passed without affording any opportunity of hearing and without confronting him with the documents on the basis of which it has been passed. A perusal of the impugned order dated 14.6.2005 prima facie demonstrates that the petitioner was neither given any opportunity prior to the passing of the impugned order by the respondent No.2 nor the material which was relied upon for passing the impugned order. In view of the aforesaid facts, the petitioner has made out a prima facie case for grant of stay order. The operation of the impugned order dated 14.6.2005 passed by the respondent No.2, shall remain stayed until further orders of this Court. It shall, however, be open to the respondent No.2 to pass a fresh order after giving opportunity to the petitioner in accordance with law as expeditiously as possible preferably within a period of six weeks from the date of presentation of the certified copy of this order before him."
(3.) In pursuance of the liberty granted by the order of this Court dated 28 June 2006, the State Government through its Under Secretary, Revenue Department, Lucknow had passed a fresh order dated 15.9.2006, by which the stand taken in the earlier order has been reiterated to be correct and the fourth respondent was required to proceed in accordance with the directions contained in the previous order dated 14.6.2005. The order dated 15.9.2006 passed by the State Government has also been subjected to challenge by amending the writ petition.;