KAMLA SHANKAR DUBEY Vs. DISTRICT BASIC EDUCATION OFFICER, MIRZAPUR AND OTHERS
LAWS(ALL)-2009-7-269
HIGH COURT OF ALLAHABAD
Decided on July 02,2009

Kamla Shankar Dubey Appellant
VERSUS
District Basic Education Officer, Mirzapur Respondents

JUDGEMENT

RAKESH SHARMA,J. - (1.) HEARD Shri Prakash Padia, learned Counsel for the petitioner and learned Standing Counsel.
(2.) UNDER challenge is the order dated 18.3.1993 passed by the respondent No. 2, Director of Education (Basic), U.P. Lucknow terminating the services of the petitioner w.e.f. the date of suspension, that is retrospective. The order is in violation of the principles of natural justice. The petitioner was deprive of opportunity of hearing. He was not supplied with the copy of the Enquiry Officer's report disenabling him to meet his case effectively during trial. The operation of the order has already been stayed by this Court while admitting the writ petition on 19.4.1993. The order of respondent No. 2 appears to be un­just, illegal and violative of principles of natural justice. Accordingly, the or­der dated 18.3.1993 passed by the respondent No. 2, Director of Education (Basic), U.P. Lucknow (Annexure 1 to the writ petition) is quashed. The writ petition is allowed. Petition Allowed.;


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