High Court Patna High Court - Orders

The Union Of India &Amp; Ors vs Salika Khatoon on 1 July, 2008

Patna High Court – Orders
The Union Of India &Amp; Ors vs Salika Khatoon on 1 July, 2008
        IN THE HIGH COURT OF JUDICATURE AT PATNA
                     LPA No.142 of 2008
                 THE UNION OF INDIA & ORS
                           Versus
                     SALIKA KHATOON
                          -----------

For the appellants : Mr.Anjani Kumar Sharan,Advocate

For the respondents : Mr. Anil Kumar Tiwary, Advocate

——–

PRESENT

Hon’ble the Chief Justice
&
Hon’ble Mr. Justice Kishore K. Mandal

—-

Dated, the 1st July, 2008.

It is not in dispute that the order of termination dated

30th of September, 2002 came to be issued without affording any

opportunity of hearing to the respondent (original writ petitioner).

Since the respondent ( original petitioner) had been given appointment

on compassionate ground and, was working, even if it be assumed for

argument sake that such appointment was illegal, before her services

could be brought to an end, an opportunity of hearing was required to

be given.

2. Seen thus, consideration of the matter by the Single

Judge cannot be faulted. LPA has no merit. It is dismissed in limine.

R.M. Lodha, CJ

Kishore K. Mandal, J.

Sunil