Court No. - 34
Case :- WRIT - A No. - 7551 of 2021 Petitioner :- Arun Kumar Verma Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Arvind Kumar Dixit Counsel for Respondent :- C.S.C.
Hon'ble Yashwant Varma,J.
Learned counsel for the parties are ad idem that the issues raised in this petition stand concluded in favour the petitioner in light of the decision rendered by the Court in Writ-A No.1029 of 2021 [Ummed Singh V. State of U.P. and others decided on 1.2.2021]. In that petition dealing with a similar challenge to the withdrawal of A.C.P. benefits extended earlier, the Court held thus:-
"Before this Court the aforesaid position is not disputed. The Court also takes note of the fact that the order impugned does not refer to any opportunity having been afforded to the petitioner to show cause against the proposed action. It is also admitted that the order would clearly have serious civil consequences and therefore could not have been passed without adhering to the principles of natural justice.
In view of the above, learned Standing Counsel submits that the ends of justice would warrant the order impugned being set aside with the respondents being granted the opportunity to take further proceedings after putting the petitioner to notice.
Accordingly, the writ petitioner is allowed. The impugned order dated 15 June 2020 insofar as it relates to the petitioner, is quashed. It is however left open to the respondents to proceed in the matter afresh in accordance with law and bearing in mind the requirement of the principles of natural justice.
All contentions of respective parties on merits are kept open."
In view of the aforesaid, learned Standing Counsel submits that the impugned order is clearly rendered unsustainable and the ends of justice would merit the matter being remitted for fresh consideration.
Accordingly, the writ petition is allowed. The impugned order dated 05 February 2000 shall stand quashed. It is however left open to the respondents to proceed in the matter afresh in accordance with law and bearing in mind the requirement of the principles of natural justice. All contentions of respective parties on merits are kept open.
Order Date :- 29.7.2021 Rakesh