BHAGWAN SAHAY SRIMAAL Vs. STATE OF RAJASTHAN AND ORS.
LAWS(RAJ)-1995-9-46
HIGH COURT OF RAJASTHAN
Decided on September 20,1995

Bhagwan Sahay Srimaal Appellant
VERSUS
State of Rajasthan And Ors. Respondents

JUDGEMENT

- (1.) All these Special Appeals arise out of a 'ommon Judgment and order passed by the learned Single Judge, in S.B. Civil Writ Petitions Nos. 3177/95, 3178/95, 3179/95, 3180/95, 3181/95, 3182/95, 3183/95, 3184/95, 3185/95 and 3186/95 dated August 17, 1995. The petitioner-appellants have challenged the legality and validity of the order of termination of services as Teacher Grade-IIIrd. The order has been challenged on various grounds. The learned Single Judge, rejected the writ petitions as per the aforesaid judgment and order.
(2.) It is not necessary to go into all the contention raised by the learned, counsel for the petitioner- appellants: It is an undisputed position that the impugned order of termination of services of the petitioners has been passed without affording an opportunity of being heard to the petitioners. The order of termination of services visits the petitioners concerned with civil consequence and undoubtedly it affects each petitioner adversely. Before passing such order, principles of natural justice are required to be complied with. In the instant case, the petitioners who have completed there probationary period and were confirmed have not been afforded an opportunity of being heard before passing the impugned order of termination of their services. On this short ground, all the appeals are required to be allowed and the same are allowed.
(3.) In the result, the judgment and order passed by the learned Single Judge, is reversed and set aside. The impugned order of termination of services of the petitioners is quashed and set-aside. However, it is clarified that it will be open to the respondent authorities to pass appropriate order in accordance with law, i.e. to say by observing the principles of natural justice and the other procedural requirements which may have to be complied with as per the appropriate provisions of law and rules. The petitioner-appellants shall be re- instated in service and they shall be paid all consequential benefits as if the order of termination of their services has never passed.;


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