Court No. - 5
Case :- WRIT - A No. - 13899 of 2021 Petitioner :- Jitendra Kumar Pathak Respondent :- State Of U.P. Through Secretary And 2 Others Counsel for Petitioner :- Chandrakesh Rai Counsel for Respondent :- C.S.C.,Sanjay Chaturvedi
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the respondents.
Petitioner is working as Shiksha Mitra since 08.07.2005 and he has been terminated by order dated 02.09.2021 passed by respondent no.3-District Basic Education Officer, Ballia on the ground that he has obtained the appointment as Shiksha Mitra concealing the fact that he was running a fair price shop.
Learned counsel for the petitioner submits that the order impugned is passed without affording any notice or opportunity of hearing to the petitioner, therefore, order impugned is not sustainable in law and the same is liable to be quashed.
This Court vide order dated 08.10.2021 passed following order:
"Heard learned counsel for the petitioner, learned Standing Counsel for respondent nos. 1 and 2 and Sri Sanjay Chaturvedi, learned counsel for respondent no. 3.
Apart from may other grounds, learned counsel for the petitioner has taken specific ground in paragraphs 22 and 23 of the writ petition that he has not been given any opportunity of hearing and impugned order has been passed behind his back.
Learned counsel for the respondents prays for and is granted two weeks time to seek instruction as to whether opportunity of hearing has been given to the petitioner or not and also produce the relevant documents.
Put up this case fresh on 29.10.2021.
Till then, effect and operation of the impugned order dated 2.9.2021 passed by respondent no. 3 shall remain stayed."
Pursuant to the order dated 08.10.2021 passed by this Court, Sri Sanjay Chaturvedi, learned counsel for the respondent nos. 3 and 4 has filed instructions, which are taken are record.
Learned counsel for the respondent nos. 3 and 4 does not deny the averments made in paragraph nos. 22 and 23 of the writ petition.
Since the order impugned is passed without affording any notice or opportunity of hearing to the petitioner, therefore, order impugned dated 02.09.2021 is not sustainable in law and the same is hereby quashed with liberty to respondent no.3- District Basic Education Officer, Ballia to pass afresh order in accordance with law after giving due opportunity of hearing to the petitioner.
The writ petition is allowed.
Order Date :- 29.10.2021 Mohit