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Madhya Pradesh High Court · body

2006 DIGILAW 608 (MP)

Manoj Kumar v. Municipal Corporation, Sagar

2006-04-27

AJIT SINGH

body2006
ORDER 1. By this petition, under Article 226 of the Constitution of India, the petitioner has prayed for quashing of order dated 24.2.1995 Annexure A/1, passed by the respondent No.2 whereby he has been removed from service on the ground that his appointment on compassionate ground in the absence of any affidavit by an employee of the Corporation was not proper. 2. Despite service of notice on the respondents, no return has been filed till this date. This matter being very old, it is finally heard. 3. According to the petitioner by order dated 2.11.1994 Annexure A/3. he was given a compassionate appointment on the post of Upper Division Teacher by the respondent No.1. The compassionate appointment of the petitioner was due to the death of one Babulal Agarwal who died in harness on 26.4.1976 while working as Octroi Moharrir in the Municipal Corporation, Sagar. An affidavit Annexure A/5 was filed before the Commissioner, Municipal Corporation, Sagar (respondent No.1) by the widow of Babulal Agarwal for giving a compassionate appointment to the petitioner. The said affidavit was filed in accordance with Clause 17 of the Scheme Annexure A/4 of the State Government for giving compassionate appointments. The Commissioner (respondent No. 1) considered the affidavit Annexure A/5 of the widow of Babuial Agarwal in right earnest and appointed the petitioner on compassionate ground. 4. The petitioner pursuant to the interim order dated 30.3.1995 of this Court is still continuing on the post of Upper Division Teacher. The learned counsel for the petitioner has produced a photo state copy of the service book of petitioner from which it is revealed that by order dated 16.7.1997 he has also been confirmed on the post of Upper Division Teacher. It is further noted that by the same impugned order dated 24.2.1995 Annexure A-1. the compassionate appointment of one more person namely; Rajendra Nagariya was also cancelled and in WP No. 898/1995 this Court by order dated 22.11.1995 has quashed the same on the ground of violation of principles of natural justice. 5. Admittedly, before passing the impugned order dated 24.2.1995 Annexure A/1, no prior opportunity of hearing was given to the petitioner by the respondent No.2. Had the petitioner been given an opportunity of hearing, he would have probably justified that no affidavit from a person who is employed in the Municipal Corporation, Sagar was necessary a mentioned in the termination order. Admittedly, before passing the impugned order dated 24.2.1995 Annexure A/1, no prior opportunity of hearing was given to the petitioner by the respondent No.2. Had the petitioner been given an opportunity of hearing, he would have probably justified that no affidavit from a person who is employed in the Municipal Corporation, Sagar was necessary a mentioned in the termination order. Clause 17 of the Scheme Annexur, A-4 does not anywhere contemplate for an affidavit by an employee 0 the Municipal Corporation for the purposes of compassionate appointment. 6. Whatever it may be, as the petitioner has admittedly not bee provided with any prior opportunity of hearing before passing of the impugned order dated 24.2.1995 Annexure A-1 by the respondent No. 21 the same is liable to be set aside. 7. The impugned order dated 24.2.1995 Annexure A-1 having been passed in utter violation of the principles of natural justice by the respondent No.2 is accordingly set aside. 8. The petition is allowed.