JUDGMENT 1. - The appellant who was appointed on the post of Patwari on May 23, 1960 was put under suspension by Collector Alwar under Rule 13 of the Rajasthan Civil Services (Classification, Control & Appeals) Rules, 1958 vide order dated January 25, 1982. Thereafter another order was passed by the Collector on April 15, 1982 directing the appellant not to work as Patwari since his initial appointment order itself was void and he could not be treated as Government servant. Both these orders were assailed by the appellant by filing writ petition before the Single Judge. The writ petition was dismissed on July 27, 1995. Hence this appeal. 2. We have heard the submissions and scanned the record. 3. The opportunity of hearing was not provided to the appellant as is evident from the order dated April 15, 1982, the operative portion, of which, reads as under: " vr% Jh eqUuhyky iVokjh dks lwfpr fd;k tkrk gS fd ;s vc rqjar izHkko ls vyoj ftys esa iVokjh in ij ugha jgsA D;ksafd budh fu;qfDr vkns'k gh izHkko'kwU; Fkk vr% jktdh; deZpkjh ds led{k bUgsa ugha ekuk tk ldrk vkSj blfy, bUgsa lquokbZ dk dksbZ volj ugha fn;k tk jgk gSA " 4. It is well settled that where a clear breach of the principles of natural justice is established, normally it is not necessary to examine the justifiability of the order passed unless of course it is established that the petitioner has no legal right to maintain the petition. In the instant case the appellant had been working continuously on the post of Patwari from 1960 and he could not be condemned unheard. 5. In Canara Bank v. V.K. Awasthy (2005) 6 SCC 321 , Hon'ble Supreme Court dealing with principles of natural justice indicated as under: "The adherence to principles of natural justice as recognised by all civilised States is of supreme importance when a quasi judicial body embarks on determining disputes between the parties, or any administrative action involving civil consequences is in issue. These principles are well settled. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should apprise the party determinatively of the case he has to meet.
These principles are well settled. The first and foremost principle is what is commonly known as audi alteram partem rule. It says that no one should be condemned unheard. Notice is the first limb of this principle. It must be precise and unambiguous. It should apprise the party determinatively of the case he has to meet. Time given for the purpose should be adequate so as to enable him to make his representation. In the absence of a notice of the kind and such reasonable opportunity, the order passed becomes wholly vitiated. Thus, it is but essential that a party should be put on notice of the case before any adverse order is passed against him. This is one of the most important principles of natural justice. It is after all an approved rule of fair play. The concept has gained significance and shades with time. The principle has been chiselled, honed and refined, enriching its content. Judicial treatment has added light and luminosity to the concept, like polishing of a diamond." 6. We are satisfied that approved rule of fair play was flouted in the instant case and impugned orders being against the principles of natural justice deserve to be set aside. 7. For these reasons, we allow instant appeal and set aside the impugned orders dated July 27, 1995 and April 15, 1982 respectively passed by learned Single Judge and the District Collector Aiwar. We remit the matter to District Collector Alwar with the direction to decide the matter afresh after providing the opportunity of hearing to appellant in regard to the charges levelled against him. The District Collector is expected to decide the matter, as expeditiously as possible. The appellant is directed to appear before the District Collector Alwar on November 26, 2007 for seeking further directions, there shall be no order as to costs.Appeal Allowed. *******