Court No. - 4
Case :- WRIT - A No. - 9660 of 2019 Petitioner :- Mukesh Katiyar Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Shri Krishna Mishra Counsel for Respondent :- C.S.C.,Baleshwar Chaturvedi
Hon'ble Pankaj Bhatia,J.
Heard learned counsel for the petitioner and Sri Baleshwar Chaturvedi, learned counsel appeared for the respondents.
The petitioner challenges the order dated 13.5.2019 (Annexure-1 to the writ petition).
The ground urged by the petitioner is that the petitioner was neither given opportunity to show cause notice nor he was accorded any opportunity of hearing prior to the passing of the impugned order dated 13.5.2019. Specific averment has been made by learned counsel for the petitioner in paragraphs no. 9 and 10 of the petition. On 19.6.2019, the Court had passed the following order:
"Sri Kamal Kishore, Advocate holding brief of Sri Baleshwar Chaturvedi, learned counsel for the respondents seeks time to obtain instructions in the matter especially with regard to the averments made in paragraphs 9 & 10 of the writ petition that no opportunity of hearing was accorded to the petitioner prior to the passing of the impugned order.
Put up this case as fresh on 21.6.2019."
In view of the specific averment made by the petitioner in paragraph nos. 9 and 10 and from perusal of the impugned order also, it is borne out that no opportunity was granted prior to the passing of the order.
Sri Baleshwar Chaturvedi, learned counsel, appeared on behalf of the respondents fairly concedes that although the show cause notice was given and the petitioner has participated in the proceedings. No specific order of hearing was accorded to the petitioner and, thus, the same is not reflected in the impugned order. He states that the impugned order is correct in law, however, agrees that the matter may be remanded back before the authority concerned to consider the matter afresh after affording opportunity of hearing.
Based on the submissions at the bar, the order dated 13.5.2019 is set aside. The respondent no. 3 is free to take such further action, as may be advised under law, after following the principles of natural justice.
The writ petition stands disposed off.
Order Date :- 21.6.2019 Puspendra