Court No. - 6
Case :- WRIT - A No. - 8015 of 2021 Petitioner :- Faheem Aijaz Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- J.P. Singh Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present petition has been filed against the order dated 18th June, 2021, whereby based upon an enquiry conducted by the SIT, orders have been passed withdrawing the approval granted to the appointment of 13 persons including the petitioner herein.
The contention of the learned counsel for the petitioner is that the petitioner was appointed on 27.3.2013 by the Selection Committee, which was subsequently accepted by the Managing Committee in its resolution dated 26.5.2013. It is stated that the appointment of the petitioner was approved by the authorities on 3.12.2013 and since then the petitioner continue to serve on the appointed post. It is stated that an order dated 5.3.2020 came to be passed directing the stoppage of salary with regard to the persons, who were found to be illegally appointed in an enquiry report submitted by the District Magistrate, Azamgarh.
The petitioner approached this Court by filing Writ-A No. 7025 of 2020, in which an interim order was passed on 8.9.2020 and in pursuance to the said, the petitioner was paid the salary.
The contention of the learned counsel for the petitioner against the order dated 18th June, 2021 is that the said order withdrawing the approval granted to the appointment of the petitioner has been passed in sheer disrespect to the principles of natural justice. The petitioner has neither been served with a copy of the SIT report relied upon in the impugned order nor has the petitioner ever been called to explain his version.
Learned Standing Counsel on the other hand argues that with regard to the enquiry carried out by the SIT, one other person had approached this Court by filing Writ Petition No. 10216 of 2021, which was entertained by this Court vide its order dated 25.3.2021, giving liberty to the petitioner therein to challenge and take recourse to all legal remedies as may be available to the said petitioner. This order has been shown at the bar.
I am afraid that the said defence taken by the learned Standing Counsel in support to the order dated 18th June, 2021 cannot be accepted, as the order dated 18th June, 2021 is a fresh order, which has adverse consequences on the services of the petitioner.
I have perused the order dated 18th June, 2021, which is on record as Annexure-19, a perusal thereof it is clear that the order has been passed based upon the report of the SIT, which allegedly found 13 persons to be irregularly appointed. In the said order, as regards the petitioner, the order has been passed holding that the petitioner does not have the requisite qualification/certificates issued by a Government agency. The petitioner claims that he has the requisite qualification to be appointed and if an opportunity was given, the petitioner could have shown the requisite documents, which could have led to avoidance of passing of the order of the nature passed on 18th June, 2021.
A perusal of the said order does not indicate any service of notice or hearing granted to the petitioner, thus, the order suffers from the vice of violation of principles of natural justice and is thus violative of Article 14 of the Constitution of India.
Accordingly, the order dated 18th June, 2021 insofar as it relates to the petitioner herein is set aside with a liberty to the respondents to pass fresh orders after giving opportunity of hearing to the petitioner and in accordance with law. In view of the said order, the subsequent and consequential order dated 19th June, 2021 (Annexure-20) is also set aside. It is clarified that this Court has not gone into the merits of the claim of the petitioner at this stage, which will be open to the respondents to carry out while passing fresh orders, if any.
In view of the above discussion, the writ petition stands allowed.
Copy of the order downloaded from the official website of this Court shall be treated/accepted as certified copy of this order.
Order Date :- 29.7.2021 Puspendra