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1989 DIGILAW 829 (ALL)

Mrigendra Prasad Mamgain v. Principal Navodaya Vidyalaya, Uttarkhand

1989-11-20

K.P.SINGH, M.P.SINGH

body1989
JUDGMENT 1. By means of this writ petition the petitioner has challenged the orders contained in Annexure-13 and 14 attach to the writ petition whereby the petitioner's service have been terminated. 2. The main Grievance of the petitioner before us is that no opportunity was given to the petitioner before passing the impugned order. The relevant allegate Ions have made in paragraph 12(g) of the writ petition. The aforesaid paragraph 12(g) of the writ petition has not been categorically denied by the deponent of the counter affidavit. Paragraph 19(G) of the counter affidavit reads as below : "19 (G) That the contents of paragraph No. 12-G of the writ petition, it is states that the order has been given after taking into the consideration all aspects in the matter and to follow the obligations of the Rule." 3. In our opinion it is evident that no opportunity has been given to the petitioner before passing the impugned order which are clearly in violation of the principle of natural justice. 4. During the course of argument it has been suggests, that original order of the appointment of the petitioner suffers from illegality, Therefore, the impugned order is perfectly correct. Assuming that the order appointing the petitioner might suffer from irregularity or illegality, yet an obligation was cast upon the authority concerned to afford on opportunity to the petitioner before termination his services. In this view of the matter we find that the impugned orders contained in Annexure-13 and 14 attached with the writ petition are void being in clear contravention of the principle of natural justice. 5. The order contained in Annexure 1.4 appears to have been passed by the Principal without applying his independent mind to the facts and circumstances involved in the case. It is passed, on the direction contained in the letter dated 2.2.1989 contained in Annexure- 13 attached with the writ petition. Since the impugned order contained in Annexure-14 is clearly without application of the mind of the authority concerned, we think that it deserves to be quashed. 6. In view of the above, the writ petition is hereby allowed and the-impugned order contained in Annexure-14 and the direction contained in Annexure-13 attached with the writ petition arc hereby quashed. It would be open to the opposite parties to take action contemplates by law against the petitioner after observing the rule of procedure. 6. In view of the above, the writ petition is hereby allowed and the-impugned order contained in Annexure-14 and the direction contained in Annexure-13 attached with the writ petition arc hereby quashed. It would be open to the opposite parties to take action contemplates by law against the petitioner after observing the rule of procedure. No order as to costs. 7. A copy of this order may be given to the learned counsel for the petitioner on payment of usual charges within three says.