Court No. - 39
Case :- WRIT - A No. - 11011 of 2019 Petitioner :- Aman Yadav Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Prabodh Kumar,Babboo Ram Counsel for Respondent :- C.S.C.,Gyan Chandra Yadav,Mahesh Narain Singh,Shivam Yadav
Hon'ble Neeraj Tiwari,J.
On 22.07.2019, the Court had passed the following order:-
"Heard learned counsel for the petitioner, learned standing counsel for respondent nos. 1 and 3, Sri Saurabh Yadav holding brief of Sri Nisheeth Yadav, learned counsel for respondent nos. 2, 4 and 5 and Sri M.N. Singh, learned counsel for respondent no. 6.
Learned counsel for the petitioner is assailing the order dated 1.6.2019 passed by respondent no. 4 by which he was terminated from service. Apart from many other grounds, learned counsel for the petitioner submits that this order has been passed without providing any opportunity of hearing, which is in gross violation of natural justice. He further submits that a complaint dated 27.5.2019 was made against him by Gram Pradhan, Gram Panchayat, Jandhedi and straightway order of termination has been passed without issuing any show cause notice or providing opportunity of hearing.
Sri Saurabh Yadav holding brief of Sri Nisheeth Yadav, learned counsel for respondent nos. 2, 4 and 5 prays for and is granted one week time to seek written instruction whether before passing the order dated 1.6.2019, any opportunity of hearing was provided to petitioner or not.
Put up this case as fresh on 30.07.2019."
Again on 13.08.2019, the Court had passed the following order:-
"On the last occasion i.e. 22.7.2019, the Court had passed the following order:-
Heard learned counsel for the petitioner, learned standing counsel for respondent nos. 1 and 3, Sri Saurabh Yadav holding brief of Sri Nisheeth Yadav, learned counsel for respondent nos. 2, 4 and 5 and Sri M.N. Singh, learned counsel for respondent no. 6.
Learned counsel for the petitioner is assailing the order dated 1.6.2019 passed by respondent no. 4 by which he was terminated from service. Apart from many other grounds, learned counsel for the petitioner submits that this order has been passed without providing any opportunity of hearing, which is in gross violation of natural justice. He further submits that a complaint dated 27.5.2019 was made against him by Gram Pradhan, Gram Panchayat, Jandhedi and straightway order of termination has been passed without issuing any show cause notice or providing opportunity of hearing.
Sri Saurabh Yadav holding brief of Sri Nisheeth Yadav, learned counsel for respondent nos. 2, 4 and 5 prays for and is granted one week time to seek written instruction whether before passing the order dated 1.6.2019, any opportunity of hearing was provided to petitioner or not.
Put up this case as fresh on 30.07.2019.
Pursuant to the aforesaid order, Sri Shivam Yadav, learned counsel for the respondent nos. 2, 4 and 5 has produced written instruction dated 1.8.2019, which is taken on record. In the said instruction, there is no whisper with regard to query raised by this Court, which transpires that the respondent no. 4 is unable to understand the query raised by the Court.
Sri Shivam Yadav requested that the case may be taken up tomorrow to enable him to obtain proper instruction in light of the order dated 22.7.2019.
As prayed, put up tomorrow i.e. 14.8.2019 in the additional cause list."
Pursuant to the order dated 13.08.2019, Sri Shivam Yadav, learned counsel for respondent nos.2, 4 and 5 has produced written instruction dated 13.08.2019 sent by respondent no.4, which is taken on record.
In the instructions, it is clearly accepted that no opportunity was given to the petitioner prior to passing of the termination order.
Under such facts and circumstances, the order dated 01.06.2019 passed by respondent no.4 is in gross violation of natural justice and is liable to be set aside.
Accordingly, the order dated 01.06.2019 is hereby quashed and the writ petition is allowed.
Respondent no.4 is at liberty to pass fresh order after providing opportunity of hearing to the petitioner in accordance with law.
Order Date :- 22.8.2019 Radhika