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Rajasthan High Court · body

2006 DIGILAW 489 (RAJ)

Union of India v. Om Prakash

2006-02-14

G.S.SARRAF, Y.R.MEENA

body2006
Judgment 1. The case of the petitioners is that the appointment was given to the Respondent No. 1 on compassionate ground as dependent of the deceased employee. Later on the petitioners found that the respondent Om Prakash was not the son of the deceased employee before entering into the service. 2. The admitted facts are that before termination of his service no opportunity of hearing was given to him, therefore, termination was in violation of the principle of natural justice. 3. Consequently, the Central Administrative Tribunal has quashed the termination order of the Respondent No. 1 4. This fact has been considered in Para Nos. 5 and 6 of the order of the Tribunal, which reads as under:-“More so, the impugned order of termination Annexure A-1 is admittedly issued without giving any opportunity of show cause, thereby principles of natural justice are grossly violated by the respondents before issuing the order of termination. It is a settled principle of law that if any order entails civil consequences, principle of audi-alteram partem should have been adopted before issuing such order. In the instant case, the applicants appointment was on compassionate grounds in relaxed standards. Therefore, merely writing out provisional in the order of appointment does not make the appointment of the applicant as provisional whereas according to the settled legal position, nature of such appointment is permanent one. Services of permanent appointees can only be terminated after following the due process of law. In this case, same has not been applied, therefore, we are of the considered opinion that the order at Annexure A-1 by which services of the applicant were terminated is per-se illegal and liable to be quashed.” 5. Learned Counsel for the petitioners submits that the service to son-in-law of deceased employee cannot be given on compassionate ground, whether he was dependent or not has no relevance. 6. Admittedly no opportunity of hearing was given to the employee respondent, and it is clear that the order has been passed in violation of principles of natural justice. 7. We see no substance or justification to interfere in the impugned order of the Tribunal. Consequently the petition is dismissed.