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Himachal Pradesh High Court · body

2006 DIGILAW 120 (HP)

ROSHNI DEVI v. STATE OF HP

2006-05-02

body2006
JUDGMENT 1. Heard. Admit. In view of the short controversy involved the matter it finally heard and is being disposed of. 2. The material and admitted facts are that the applicant was appointed as Water Carrier vide Annexure A-3. However, vide Annexure A-1 appointment of the applicant to the post of Water Carrier was cancelled. Annexure A-1 appointment of the applicant to not disclose any reason for cancellation. Annexure A-1 does not disclose any reason for cancellation of the appointment of the applicant was Water. The grievance of the applicant is that she had been condemned unheard and therefore, the impugned order Annexure A-1 being violative of the principles of natural justice is liable to be quashed. 3.The stand taken by the respondents is that on inquiry conducted by the Tehsildar, Kotkhai it was found that the date of birth of the appellant in fact on 24.7.1942 which dis-entitled her for the said appointment and to secure appointment her date of birth was manipulated by overwriting and was shown as 24.7.1958. Thus, it is clear that the action of the respondents is correct and there is no violation of the principle of natural justice. 4.It is, however, not in dispute that the applicant was not associated in the \ inquiry conducted by the Tehsildar nor she was given- any show cause notice to I explain her stand qua the findings of the inquiry but straightway her appointment: was cancelled. 5. It cannot be disputed that cancellation of appointment given to the applicant has civil consequences and admittedly her appointment has been cancelled without affording her any opportunity of being heard at any stage. Therefore, the impugned order is violative of the principles of natural justice and cannot be sustained. 6. ln view of the above, this original application is allowed and the impugned Annexure A-1 is set aside and the status quo qua appointment and posting of the applicant as existed immediately before coming into being of order Annexure A-1 is ordered to be restored. 7.It may, however, be observed that nothing contained in this order shall come in the way of the respondents to hold proper inquiry into the matter as per the rules if any keeping in view the principle of natural justice particularly audi alteram partem and take appropriate action in the matter in accordance with law. This original application is disposed of in terms orders. This original application is disposed of in terms orders. No orders as to costs.