Court No. - 38 Case :- WRIT - A No. - 40788 of 2010 Petitioner :- Smt. Nauneeta Devi Respondent :- State Of U.P. And Others Petitioner Counsel :- Mrs. Swati Agarwal Respondent Counsel :- C. S. C. Hon'ble Shishir Kumar,J.
Heard learned counsel for the petitioner and learned Standing
Counsel.
Petitioner is aggrieved by the order dated 29.06.2010, by which the
appointment of the petitioner for the post of Aanganwari
Karyakarti has been terminated on the ground that the mark sheet
submitted by the petitioner for class 8 after verification has been
found as forged. Petitioner submits that before passing the order
impugned, no notice and opportunity has been given to the
petitioner. The specific averment has been made in para 13, 14 and
15 of the writ petition that order impugned has been passed
without providing any opportunity.
I have considered the submission of the petitioner and perused the
record. Learned Standing Counsel is not in a position to submit
before this Court that such order was passed after giving notice
and opportunity. Therefore, he submitted that the matter may be
remanded back to the authority to pass the appropriate orders after
affording full opportunity to the petitioner.
In view of the fact and circumstances as it is clearly appears from
the order that only on the basis of enquiry that too without notice
and opportunity to the petitioner, the order impugned terminating
the services of the petitioner has been passed. It is settled law that
if an order has been passed without notice and opportunity it will
be treated to be against the principle of natural justice. In such
circumstances, in my opinion that at this stage with the consent of
the parties without inviting counter and rejoinder affidavits, this
writ petition is disposed of finally by quashing the order dated
29.06.2010.
The writ petition is allowed. The order dated 29.06.2010 is hereby
quashed and the matter is remanded back to the competent
authority to pass an appropriate order after affording full
opportunity to the petitioner by a speaking and reasoned order.
Till the decision is taken by the competent authority, the petitioner
shall be permitted to work and be paid salary.
No order as to costs.
Order Date :- 15.7.2010
Sazia