Court No. - 34
Case :- WRIT - A No. - 36807 of 2004 Petitioner :- Noni And Other Respondent :- State Of U.P. And Others Counsel for Petitioner :- Prabhakar Sinha Counsel for Respondent :- C.S.C.
Hon'ble Sudhir Agarwal,J.
1. Heard Sri Prabhakar Sinha, Advocate, for petitioners and learned Standing Counsel for respondents.
2. The order of pay fixation of petitioner on the post of Driver passed on 30.12.2003 has been cancelled by impugned order dated 24.03.2004 without assigning any reason and without giving any show cause notice or opportunity to petitioners.
3. Despite time having been granted to respondents to file counter affidavit as long back as on 13.09.2004, no counter affidavit has been filed, though this matter is pending for the last almost 14 years. In view thereof, I do not find any reason to keep the matter pending. In absence of any counter affidavit filed by respondents controverting the averments made in the writ petition, I have no option but to accept the contentions made in the writ petition as true and since the impugned order has been passed without any show cause notice or opportunity to petitioners, the same being in violation of principles of natural justice cannot be sustained.
4. In the result, the writ petition is allowed. Impugned order dated 24.03.2004 insofar as it relates to petitioners is hereby quashed.
Order Date :- 14.9.2018 PS