Court No. - 6
Case :- WRIT - A No. - 9579 of 2020 Petitioner :- Ashok Kumar Rathor Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Prem Prakash Yadav,Mahender Pal Singh Yadav Counsel for Respondent :- A.S.G.I.,C.S.C.
Hon'ble Pankaj Bhatia,J.
The present petition has been filed challenging the order dated 10.07.2020, whereby the services of the petitioner, who was appointed on contractual basis, has been dismissed on various allegations.
The contention of the counsel for the petitioner is that the order impugned is stigmatic in nature and no opportunity was granted to the petitioner prior to passing of the said order, which adversely affect the petitioner. He argues that all the orders, which have civil consequences, have necessarily to be passed after complying the principles of natural justice. A perusal of the order does not disclose any opportunity of hearing being afforded to the petitioner, which is prima facie stigmatic in nature.
Despite time being granted, no counter affidavit has been filed.
However, considering the fact that the impugned order itself does not disclose that any opportunity of hearing was provided to the petitioner prior to passing of the said order, which is stigmatic in nature, the order dated 10.07.2020 is set aside with liberty to the respondents to pass a fresh order order in accordance with law, after giving an opportunity of hearing and after providing all the documents proposed to be relied upon against the petitioner, with all expedition, preferably within three months from the date of presentation of a copy of this order.
The petition stands disposed of with the same.
Order Date :- 22.9.2021 Pkb/