Court No. - 4
Case :- SPECIAL APPEAL No. - 265 of 2007 Appellant :- Smt. Meena Misra Respondent :- State Of U.P. & Others Counsel for Appellant :- Radha Kant Ojha,S.P. Mishra Counsel for Respondent :- C.S.C.,R.S. Kushwaha
Hon'ble Bala Krishna Narayana,J. Hon'ble Irshad Ali,J.
Heard Sri Radha Kant Ojha, senior advocate assisted by Sri S.P. Mishra for the appellant.
The instant special appeal is directed against the judgment and order dated 13.02.2007 passed by learned Single Judge dismissing Civil Misc. Writ Petition No. 4243 of 2007.
Sri Ojha has submitted that the appellant was selected as Assistant Teacher in a regular selection conducted pursuant to an advertisement in Science (Female) General category. Appointment letter was issued to the appellant on 06.01.2006 and she started functioning as Assistant Teacher in Primary School, Maulafarsenpur, Ballia. By an order dated 04.11.2006 passed by respondent no.2, the appellant's appointment was cancelled on the ground that she had obtained her appointment in the category of physically handicapped candidates on the basis of a forged medical certificate.
Apart from challenging the order of respondent no.2 before the learned Single Judge on various grounds, the impugned order was specifically challenged by the appellant before the learned Single Judge inter alia on the grounds that the order impugned before the Writ Court was passed by respondent no. 2 in gross violation of the principles of natural justice without holding any inquiry and without affording her any opportunity of hearing as is evident from paragraph 12 of the writ petition; that respondent no. 2 while passing the impugned order had illegally failed to notice that the petitioner had never applied as a reserved category candidate of physically handicapped as is evident from her application submitted by her in response to the advertisement; and that the impugned order carried civil consequences and being stigmatic in nature, the same could not have been passed by respondent no.2 without applying the principles of natural justice. However, learned Single Judge dismissed the writ petition and it appears that the aforesaid aspects of the matter escaped his consideration.
Having heard learned counsel for the appellant, learned Standing counsel for the State and perused the material brought on record, we find that the order dated 04.11.2006 which was impugned by the petitioner before the Writ Court was passed by respondent no.2 without affording any opportunity of hearing to the petitioner in gross violation of the principles of natural justice, hence, the same was liable to be set aside by the learned Single Judge. This having not been done, the appeal succeeds and is allowed.
The impugned judgment and order dated 13.02.2007 passed by learned Single Judge as well as the order dated 04.11.2006 passed by respondent no.2 are hereby quashed.
It will be open to the appellant to proceed against respondent no.2 in accordance with law.
Order Date :- 27.2.2018 Madhurima