Heard learned counsel for the parties.
The petitioner feeling aggrieved with the recommendation dated 07.10.2009 made by the District Magistrate has preferred this writ petition inter alia on the ground that no opportunity was given to the petitioner to submit his explanation and moreover, consequential order has not been passed and only charge has been taken away from the petitioner.
The petitioner has categorically stated that no consequential order has been passed by the Block Development Officer.
Learned Standing Counsel, on the other hand, has submitted that since the Pradhan himself is involved in the matter and a direction has been issued for taking action against the Pradhan under the NREGA Scheme for not providing job to the adequate number of persons as required under the Scheme. She, therefore, submits that such action cannot be faulted in any manner.
The recommendation, contained in Annexure No.1 to the writ petition, dated 07.10.2009 made by the District Magistrate goes to indicate that the District Magistrate disengaged the petitioner by terminating his contractual appointment. Approval in regard to appointment was given by the District Magistrate and, therefore, the District Magistrate was having ample power in the present context of the circumstances to pass the order but from the impugned order it appears that no opportunity was given to the petitioner as contemplated under the Government Order dated 03.07.2006. The order is bad for violation of principles of natural justice. The petitioner, therefore, is entitled to be heard by the District Magistrate.
The District Magistrate, Sitapur will provide post decisional hearing to the petitioner and the petitioner will submit his explanation to the District Magistrate within a period of one week and thereafter the District Magistrate, Sitapur will take a fresh -2- decision in accordance with law considering the reply of the petitioner within a period of next fifteen days.
With the above observations and directions, the writ petition is finally disposed of.
Order Date :- 5.1.2010 Om.