Court No. - 26 Case :- WRIT - A No. - 26098 of 1992 Petitioner :- Smt. K.K. Sharma Respondent :- R.A. Director Petitioner Counsel :- P.C. Misra Respondent Counsel :- S.C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing Counsel.
The petitioner, aggrieved by the order impugned dated 03.07.1992, has
approached this Court. Petitioner was appointed under the Dying in Harness
Rules. Petitioner’s appointment has been cancelled / terminated by Basic
Shiksha Adhikari without any notice and opportunity. This Court entertained
the petition and passed an interim order. In pursuance of that order, petitioner
is working on the said post.
As appointment under the Dying in Harness Rules is permanent in nature and
cannot be treated to be temporary, it cannot be terminated without following
proper procedure, as provided under the Rules. Admittedly, petitioner has not
been afforded any opportunity before terminating his services. If there was
any information that petitioner has obtained appointment by submitting some
forged documents, then disciplinary proceedings can be initiated on that
ground and a specific order can be passed by the authority concerned.
In view of the aforesaid fact, the order impugned dated 03.07.1992
(Annexure-6 to the writ petition) is hereby quashed with a direction to the
Basic Shiksha Adhikari to pass appropriate orders after affording full
opportunity to the petitioner.
The writ petition is disposed of accordingly.
No order as to costs.
Order Date :- 3.2.2010
NS