Tar Singh Dawar s/o Jai Mal Dawar v. State of M. P.
2008-08-22
SHANTANU KEMKAR
body2008
DigiLaw.ai
ORDER Shantanu Kemkar, J. 1. Shri A. S. Parihar learned counsel for the petitioner. Shri Sanjay Joshi, learned Dy. GA for the respondents. With consent heard finally. 2. Pursuant to the advertisement issued for tilling up the posts of Sanvida Shala Shikshak Grade 3, the petitioner participated in the selection process commenced by the Chief Executive Officer, Janpad Panchayat, Sendhwa. He was declared successful and was appointed on the said post vide order dated 18/20-2-2008 (Annexure P/l). Thereafter, the petitioner joined his services. On 25-3-2008 (Annexure P/3) 2nd respondent issued an order cancelling the petitioner's appointment on the ground that because of mistake in the software of computer, the merit list has been wrongly prepared. Feeling aggrieved, the petitioner has filed this petition. 3. The contention of learned counsel for the petitioner is that impugned order dated 25-3-2008 (Annexure P/3) cancelling the petitioner's appointment having been issued without affording any opportunity of being heard, the same is violative of principles of natural justice. He argued that no show cause notice was issued prior to the issuance of the aforesaid order. It is further argued that pursuant to the order of appointment, the petitioner had already joined and in the circumstances by such order his appointment could not have been abruptly cancelled. 4. The contention of learned counsel for the respondents that the merit list was wrongly prepared by the computer and as such the persons below cut off marks like petitioner were wrongly issued the appointment orders. In the circumstances, the appointment orders of these persons have rightly been cancelled. 5. Admittedly, the petitioner was issued the appointment order. He was allowed to join pursuant to the appointment order issued in his favour. In the circumstances, the cancellation order which was detrimental to the petitioner could not have been passed without complying with the principles of natural justice. It is not the case of the respondents that no order of appointment was issued and the petitioner did not join at the appointed place. Their case is that the appointment order was issued due to mistake of the software of the computer and therefore cancelled. 6. The Supreme Court in the case of Shrawan Kumar Jha and ors.
It is not the case of the respondents that no order of appointment was issued and the petitioner did not join at the appointed place. Their case is that the appointment order was issued due to mistake of the software of the computer and therefore cancelled. 6. The Supreme Court in the case of Shrawan Kumar Jha and ors. vs. State of Bihar and ors., (1991) Supp (I) SCC 330 and Jaswant Singh and ors vs. State of M.P. and ors, 2002 (9) SCC 700 in a similar circumstances has quashed the order of the State Government cancelling the appointment order by holding that the appointment could not have been cancelled without affording an opportunity of hearing to the appointed candidates. 7. In view of the aforesaid and in view of the admitted position that before cancellation of the appointment of the petitioner no opportunity of hearing was given to him. 1 am inclined to dispose of this petition with the following directions: 1. The Chief Executive Officer, Janpad Panchayat Sendiwa shall issue show cause notice to the petitioner for the proposed cancellation of his appointment on the post of Sanvida Shala Shikshak Grade 3. 2. On receipt of the aforesaid show caase notice, the petitioner shall submit reply of the same within a period of two weeks from, the date of its receipt. 3. After two weeks as aforesaid, the Chief Executive Officer, Janpad Panchayat, Sendhwa, shall fix the date on which the petitioner shall be afforded an opportunity of hearing and thereafter the Chief Executive Officer, shall pass appropriate speaking order in the matter in accordance with law. 4 Till such exercise is completed the impugned cancellation order shall remain in abeyance and the petitioner shall be allowed to continue in service. With the aforesaid directions this petition stands disposed of. C.C. within three days.