Court No. - 58
Case :- WRIT - A No. - 10062 of 2018 Petitioner :- Harish Chandra Patel Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Anand Kumar Singh,Prabhakar Awasthi Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition, following orders were passed in the matter on 17.4.2018:-
"Submission is that the order impugned dated 28.10.2017 is in teeth of the Government Order dated 25.10.2000, inasmuch as the petitioner was rightly promoted on the post of Lecturer in Physical Education and having done so, respondents cannot unilaterally withdraw the order.
Learned Standing Counsel may obtain instructions in the matter. Post as fresh on 24.4.2018."
Today when the matter is taken up, learned counsel for the petitioner points out that the order impugned is also bad, for the reason that no opportunity of hearing has been granted to him before passing the same.
Learned Additional Chief Standing Counsel does not dispute the fact that no opportunity of hearing has been afforded to the petitioner in the matter. On this short ground alone, this writ petition is liable to succeed and is, accordingly, allowed.
Order dated 28.10.2017 as well as communication order dated 17.1.2018 are quashed. It shall be open for the respondents to proceed in the matter, in accordance with law.
Order Date :- 24.4.2018 Anil