O.P. Garg, J. - (1.) Counter and rejoinder-affidavits have been filed, and therefore, this writ petition is being disposed of finally with the consent of learned counsel for the parties at the admission stage. Heard Sri Devendra Dahma, learned counsel for the petitioner and Sri R.P. Goel for the respondents.
(2.) The petitioners, three in number, along with others were appointed by the Chairman. Town Area Committee. Kishni, district Mainpuri by order dated 24.9.1993, w.e.f. 1.10.1993 vide Annexure 1. Shiv Pratap Singh, petitioner No. 1 and Brijendra Kumar Singh, petitioner No. 2 were appointed as Clerks while Surendra Singh, petitioner No. 3 was appointed as Chaukidar. Subsequently, by order dated 25.3.1994, Annexure 2 to the writ petition, the Sub-Divisional Magistrate/Officer Incharge Town Area Committee cancelled the order of appointment dated 24.9.1993 in respect of alt the appointees on the ground that the order was illegal and without jurisdiction. Learned counsel for the petitioner urged that the order of appointment of the petitioners has been cancelled without affording an opportunity of hearing to the petitioners in clear and flagrant violation of the principles of natural justice. It was also urged that the Chairman of the Committee was empowered to make appointments in case of emergency under Section 11 of the U. P. Town Area Act and, therefore, the Sub-Divisional Magistrate/Officer Incharge Town Area was not justified in cancelling the appointment orders.
(3.) A counter-affidavit has been filed by Sri Prem Shankar Gupta, Sub-Divisional Magistrate, Bhogaon, Mainpuri. It is averred that in the Town Area, aforesaid, there were only seven sanctioned posts, namely, that of a Clerk, a Chaukidar and 5 Sweepers, which were already manned : that in the absence of any vacancy, the Chairman could not have made any appointment ; that the procedure prescribed for making appointments was not followed.;